§ 11 — Meanings of “remote gambling” and associated terms

11.—(1) For the purpose of any provision of this Act —“engaging in general remote gambling” includes opening or re‑opening an account with a licensee to engage in general remote gambling;

“general remote gambling” means remote gambling that is none of the following:(a)

on‑course betting;

(b)

off‑course betting;

(c)

gambling using a gambling service authorised by a class licence;

(d)

gambling using remote communication at premises as a customer of a place‑based gambling service provided at those premises on the basis described in paragraph (c) of the definition of “place‑based gambling service” in section 3(1);

“remote gambling” means gambling by the use of remote communication, even if the gambling is done only partly by means of remote communication;

“remote gambling service” means a gambling service that —(a)

is provided in the course of carrying on a business; and

(b)

makes facilities available for use by others to engage in remote gambling in accordance with arrangements by the provider of the facilities.

(2) For the purposes of this Act, a person provides facilities for use by customers to engage in remote gambling if —(a)

the person makes facilities for remote communication available for use by others;

(b)

the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for remote gambling; and

(c)

the nature, adaptation or presentation of the facilities is such that —(i)

they cannot reasonably be expected to be used for purposes other than remote gambling; or

(ii)

they are intended to be used wholly or partly for remote gambling.

(3) For the purposes of this Act, it does not matter whether facilities for remote gambling are provided —(a)

only partly by means of remote communication; or

(b)

outside Singapore or partly inside and partly outside Singapore.

(4) However, a person does not provide facilities for use by customers to engage in remote gambling, and is not an agent of another person who provides facilities for a remote gambling service, merely because the person —(a)

is a provider of —(i)

an internet access service;

(ii)

a telecommunication service; or

(iii)

a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and

(b)

makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —(i)

without altering the information or material; or

(ii)

only altering the information or material to the extent to fit time, space or format constraints.

(5) For the purposes of any provision of this Act —(a)

a remote gambling service has a foreign‑customer link if none of the customers is physically present in Singapore, whether or not an individual who is physically present in Singapore is capable of becoming a customer of that service; and

(b)

a remote gambling service has a Singapore‑customer link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore.

(6) For the purposes of any provision of this Act, a remote gambling service is a Singapore‑based remote gambling service if —(a)

the service is provided in the course of carrying on a business in Singapore;

(b)

the central management and control of the service is in Singapore; or

(c)

where the service is provided to customers using an internet access service, all or any of the relevant internet content is hosted in Singapore.

(7) In subsection (6)(c), the relevant internet content, in relation to a remote gambling service, means internet content that is accessed, or available for access, by an end‑user in the capacity of customer of that remote gambling service.

(8) For the purpose of any provision of this Act, “non‑remote gambling” means any gambling that is not remote gambling.

—(1) For the purpose of any provision of this Act —“engaging in general remote gambling” includes opening or re‑opening an account with a licensee to engage in general remote gambling;

“general remote gambling” means remote gambling that is none of the following:(a)

on‑course betting;

(b)

off‑course betting;

(c)

gambling using a gambling service authorised by a class licence;

(d)

gambling using remote communication at premises as a customer of a place‑based gambling service provided at those premises on the basis described in paragraph (c) of the definition of “place‑based gambling service” in section 3(1);

“remote gambling” means gambling by the use of remote communication, even if the gambling is done only partly by means of remote communication;

“remote gambling service” means a gambling service that —(a)

is provided in the course of carrying on a business; and

(b)

makes facilities available for use by others to engage in remote gambling in accordance with arrangements by the provider of the facilities.

(2) For the purposes of this Act, a person provides facilities for use by customers to engage in remote gambling if —(a)

the person makes facilities for remote communication available for use by others;

(b)

the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for remote gambling; and

(c)

the nature, adaptation or presentation of the facilities is such that —(i)

they cannot reasonably be expected to be used for purposes other than remote gambling; or

(ii)

they are intended to be used wholly or partly for remote gambling.

(3) For the purposes of this Act, it does not matter whether facilities for remote gambling are provided —(a)

only partly by means of remote communication; or

(b)

outside Singapore or partly inside and partly outside Singapore.

(4) However, a person does not provide facilities for use by customers to engage in remote gambling, and is not an agent of another person who provides facilities for a remote gambling service, merely because the person —(a)

is a provider of —(i)

an internet access service;

(ii)

a telecommunication service; or

(iii)

a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and

(b)

makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —(i)

without altering the information or material; or

(ii)

only altering the information or material to the extent to fit time, space or format constraints.

(5) For the purposes of any provision of this Act —(a)

a remote gambling service has a foreign‑customer link if none of the customers is physically present in Singapore, whether or not an individual who is physically present in Singapore is capable of becoming a customer of that service; and

(b)

a remote gambling service has a Singapore‑customer link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore.

(6) For the purposes of any provision of this Act, a remote gambling service is a Singapore‑based remote gambling service if —(a)

the service is provided in the course of carrying on a business in Singapore;

(b)

the central management and control of the service is in Singapore; or

(c)

where the service is provided to customers using an internet access service, all or any of the relevant internet content is hosted in Singapore.

(7) In subsection (6)(c), the relevant internet content, in relation to a remote gambling service, means internet content that is accessed, or available for access, by an end‑user in the capacity of customer of that remote gambling service.

(8) For the purpose of any provision of this Act, “non‑remote gambling” means any gambling that is not remote gambling.