§ 119 — Review of blocking orders

119.—(1) After a direction is given under section 117(1) to the IMDA or under section 118(1)(a) to the MAS, or a payment blocking order under section 118(1)(b) is given, the Authority must, unless not practicable, serve —(a)

on an owner or operator of an online location, a notice of every access blocking order given by the IMDA to an internet service provider with respect to that online location; and

(b)

on a person to or from whom the transactions specified in section 118(2)(a), (b) or (c) are to be blocked under a payment blocking order, a notice of every payment blocking order given by the MAS to any financial institution with respect to that person, or a notice of every payment blocking order given by the Authority to any financial transaction provider with respect to that person, as the case may be.

(2) Any person referred to in subsection (1)(a) or (b), and any internet service provider, financial institution or financial transaction provider given an access blocking order or a payment blocking order (called an affected person), may —(a)

apply to the Authority to review the access blocking order or payment blocking order concerned; and

(b)

make written representations to the Authority, stating why access to the online location should be restored or why transactions for payment should be processed, as the case may be.

(3) An application to review an access blocking order or a payment blocking order must be made —(a)

within the period specified in the order or notice of the order, if served, being not less than 14 days; or

(b)

within 28 days after the effective date of the order, in any other case.

(4) Subject to subsection (5), the Authority may, after considering the written representations made under subsection (2) —(a)

confirm or vary the access blocking order or payment blocking order (as the case may be), with effect from such date as may be specified; or

(b)

revoke the access blocking order or payment blocking order (as the case may be), with effect from such date as may be specified.

(5) Before making any decision under subsection (4), the Authority must have regard to, and give such weight as the Authority considers appropriate to, the matters in section 117(2) or 118(4) (as the case may be), and all or any of the following matters:(a)

public interest considerations balanced against the technical or commercial feasibility of disabling access or blocking payment;

(b)

any other matter which the Authority considers relevant.

(6) The Authority may, on the application at any time of an affected person or on the Authority’s initiative, vary or revoke an access blocking order or a payment blocking order (as the case may be) if the Authority is satisfied —(a)

upon further evidence, that the order ought not to have been made;

(b)

that there has been a material change in circumstances;

(c)

for an access blocking order, that the online location has stopped being —(i)

an online location through which a remote gambling service is provided in contravention of section 18;

(ii)

an online location that is or may be used by individuals present in Singapore to gamble in contravention of section 20(1);

(iii)

an online location that contains an invitation to young persons to gamble in contravention of section 34; or

(iv)

an online location that is otherwise a gambling advertisement about remote gambling published in Singapore in contravention of section 85;

(d)

for a payment blocking order, that —(i)

the bank account is closed or is no longer used by a person in connection with any participation in unlawful remote gambling activity; or

(ii)

the merchant category code (or equivalent) customarily associated with a gambling transaction, is no longer customarily associated with gambling; or

(e)

that it is otherwise appropriate in the circumstances to do so.

(7) Upon the Authority’s decision under subsection (4) or (6) with respect to an access blocking order, the IMDA is to accordingly inform the internet service provider concerned, and the Authority is to accordingly inform the person served with a notice of the access blocking order under subsection (1), of the Authority’s decision.

(8) Upon the Authority’s decision under subsection (4) or (6) with respect to a payment blocking order, the MAS is to accordingly inform the financial institution or class of financial institutions to which that order relates, and the Authority is to accordingly inform the person served with a notice of the payment blocking order under subsection (1), of the Authority’s decision.

(9) Upon the Authority’s decision under subsection (4) or (6) with respect to a payment blocking order, the Authority is to accordingly inform the financial transaction provider or class of financial transaction providers to which that order relates, and the person served with a notice of the payment blocking order under subsection (1), of the Authority’s decision.

(10) An application for review of the Authority’s decision does not affect the operation of the decision or prevent the taking of action to implement the decision, and unless otherwise provided by the authorised officer, that decision must be complied with until the determination of the review.

—(1) After a direction is given under section 117(1) to the IMDA or under section 118(1)(a) to the MAS, or a payment blocking order under section 118(1)(b) is given, the Authority must, unless not practicable, serve —(a)

on an owner or operator of an online location, a notice of every access blocking order given by the IMDA to an internet service provider with respect to that online location; and

(b)

on a person to or from whom the transactions specified in section 118(2)(a), (b) or (c) are to be blocked under a payment blocking order, a notice of every payment blocking order given by the MAS to any financial institution with respect to that person, or a notice of every payment blocking order given by the Authority to any financial transaction provider with respect to that person, as the case may be.

(2) Any person referred to in subsection (1)(a) or (b), and any internet service provider, financial institution or financial transaction provider given an access blocking order or a payment blocking order (called an affected person), may —(a)

apply to the Authority to review the access blocking order or payment blocking order concerned; and

(b)

make written representations to the Authority, stating why access to the online location should be restored or why transactions for payment should be processed, as the case may be.

(3) An application to review an access blocking order or a payment blocking order must be made —(a)

within the period specified in the order or notice of the order, if served, being not less than 14 days; or

(b)

within 28 days after the effective date of the order, in any other case.

(4) Subject to subsection (5), the Authority may, after considering the written representations made under subsection (2) —(a)

confirm or vary the access blocking order or payment blocking order (as the case may be), with effect from such date as may be specified; or

(b)

revoke the access blocking order or payment blocking order (as the case may be), with effect from such date as may be specified.

(5) Before making any decision under subsection (4), the Authority must have regard to, and give such weight as the Authority considers appropriate to, the matters in section 117(2) or 118(4) (as the case may be), and all or any of the following matters:(a)

public interest considerations balanced against the technical or commercial feasibility of disabling access or blocking payment;

(b)

any other matter which the Authority considers relevant.

(6) The Authority may, on the application at any time of an affected person or on the Authority’s initiative, vary or revoke an access blocking order or a payment blocking order (as the case may be) if the Authority is satisfied —(a)

upon further evidence, that the order ought not to have been made;

(b)

that there has been a material change in circumstances;

(c)

for an access blocking order, that the online location has stopped being —(i)

an online location through which a remote gambling service is provided in contravention of section 18;

(ii)

an online location that is or may be used by individuals present in Singapore to gamble in contravention of section 20(1);

(iii)

an online location that contains an invitation to young persons to gamble in contravention of section 34; or

(iv)

an online location that is otherwise a gambling advertisement about remote gambling published in Singapore in contravention of section 85;

(d)

for a payment blocking order, that —(i)

the bank account is closed or is no longer used by a person in connection with any participation in unlawful remote gambling activity; or

(ii)

the merchant category code (or equivalent) customarily associated with a gambling transaction, is no longer customarily associated with gambling; or

(e)

that it is otherwise appropriate in the circumstances to do so.

(7) Upon the Authority’s decision under subsection (4) or (6) with respect to an access blocking order, the IMDA is to accordingly inform the internet service provider concerned, and the Authority is to accordingly inform the person served with a notice of the access blocking order under subsection (1), of the Authority’s decision.

(8) Upon the Authority’s decision under subsection (4) or (6) with respect to a payment blocking order, the MAS is to accordingly inform the financial institution or class of financial institutions to which that order relates, and the Authority is to accordingly inform the person served with a notice of the payment blocking order under subsection (1), of the Authority’s decision.

(9) Upon the Authority’s decision under subsection (4) or (6) with respect to a payment blocking order, the Authority is to accordingly inform the financial transaction provider or class of financial transaction providers to which that order relates, and the person served with a notice of the payment blocking order under subsection (1), of the Authority’s decision.

(10) An application for review of the Authority’s decision does not affect the operation of the decision or prevent the taking of action to implement the decision, and unless otherwise provided by the authorised officer, that decision must be complied with until the determination of the review.