§ 55 — Suitability assessment

55.—(1) For the purpose of determining under this Act whether or not an applicant or a licensee and where necessary, whether a responsible executive or key officer of the applicant or licensee, is a suitable person to be involved in providing a gambling service, the Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters:(a)

any available information whether or not the applicant, licensee, responsible executive or key officer has been convicted of any of the following offences:(i)

an offence under the provisions of this Act;

(ii)

an offence under the Casino Control Act 2006;

(iii)

an offence under the repealed Betting Act 1960;

(iv)

an offence under the repealed Common Gaming Houses Act 1961;

(v)

an offence under the repealed Private Lotteries Act 2011;

(vi)

an offence under the repealed Remote Gambling Act 2014;

(vii)

an offence under the Gambling Duties Act 2022;

(viii)

an offence under Part 6 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;[Act 15 of 2023 wef 08/02/2024]

(ix)

an offence under section 19 of the Moneylenders Act 2008;

(x)

an offence under the Organised Crime Act 2015;

(xi)

an offence under the Terrorism (Suppression of Financing) Act 2002;

(xii)

an offence under the United Nations Act 2001;

(xiii)

an offence involving dishonesty or moral turpitude, whether in Singapore or elsewhere;

(b)

any available information with respect to the participation of the individual (who is an applicant, a licensee, responsible executive or key officer) in any criminal activity, including whether or not he or she was a responsible executive or key officer of a person convicted of any offence mentioned in paragraph (a);

(c)

any evidence of the exercise of —(i)

any regulatory action in relation to the applicant, licensee, or responsible executive or key officer as a licensee or class licensee;

(ii)

any disciplinary action under the Casino Control Act 2006 in relation to the applicant, licensee, responsible executive or key officer; or

(iii)

any regulatory action in relation to any licensee or class licensee that the applicant, licensee, responsible executive or key officer was a responsible executive or key officer thereof;

(d)

any available information with respect to whether —(i)

the applicant or licensee has been placed in receivership, gone into liquidation; or

(ii)

the responsible executive or key officer has been adjudged bankrupt;

(e)

the profile of past compliance by the applicant, licensee, responsible executive or key officer (as the case may be) with the provisions of this Act and the requirements by or under any written law mentioned in paragraph (a), and with the applicable standards.

(2) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of the Authority, provide a report in respect of any one or more of the matters in subsection (1) for the purposes of a suitability assessment under this Act.

(3) If the Authority does not consider an individual suitable under this section, the Authority must, by written notice given to any licensee that the individual is or is to be a key officer thereof, notify the licensee concerned of the adverse assessment of suitability within 28 days after the decision is made.

(4) If the Authority does not consider an individual suitable under this section because of information that is classified by the Authority as security sensitive information, the Authority is not required to provide any reasons for the Authority’s adverse assessment of suitability decision other than that the decision was made on public interest grounds under this section.

(5) To avoid doubt, for the purpose of determining whether or not a person or an individual is a suitable person to be involved in providing a gambling service, the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

—(1) For the purpose of determining under this Act whether or not an applicant or a licensee and where necessary, whether a responsible executive or key officer of the applicant or licensee, is a suitable person to be involved in providing a gambling service, the Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters:(a)

any available information whether or not the applicant, licensee, responsible executive or key officer has been convicted of any of the following offences:(i)

an offence under the provisions of this Act;

(ii)

an offence under the Casino Control Act 2006;

(iii)

an offence under the repealed Betting Act 1960;

(iv)

an offence under the repealed Common Gaming Houses Act 1961;

(v)

an offence under the repealed Private Lotteries Act 2011;

(vi)

an offence under the repealed Remote Gambling Act 2014;

(vii)

an offence under the Gambling Duties Act 2022;

(viii)

an offence under Part 6 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;[Act 15 of 2023 wef 08/02/2024]

(ix)

an offence under section 19 of the Moneylenders Act 2008;

(x)

an offence under the Organised Crime Act 2015;

(xi)

an offence under the Terrorism (Suppression of Financing) Act 2002;

(xii)

an offence under the United Nations Act 2001;

(xiii)

an offence involving dishonesty or moral turpitude, whether in Singapore or elsewhere;

(b)

any available information with respect to the participation of the individual (who is an applicant, a licensee, responsible executive or key officer) in any criminal activity, including whether or not he or she was a responsible executive or key officer of a person convicted of any offence mentioned in paragraph (a);

(c)

any evidence of the exercise of —(i)

any regulatory action in relation to the applicant, licensee, or responsible executive or key officer as a licensee or class licensee;

(ii)

any disciplinary action under the Casino Control Act 2006 in relation to the applicant, licensee, responsible executive or key officer; or

(iii)

any regulatory action in relation to any licensee or class licensee that the applicant, licensee, responsible executive or key officer was a responsible executive or key officer thereof;

(d)

any available information with respect to whether —(i)

the applicant or licensee has been placed in receivership, gone into liquidation; or

(ii)

the responsible executive or key officer has been adjudged bankrupt;

(e)

the profile of past compliance by the applicant, licensee, responsible executive or key officer (as the case may be) with the provisions of this Act and the requirements by or under any written law mentioned in paragraph (a), and with the applicable standards.

(2) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of the Authority, provide a report in respect of any one or more of the matters in subsection (1) for the purposes of a suitability assessment under this Act.

(3) If the Authority does not consider an individual suitable under this section, the Authority must, by written notice given to any licensee that the individual is or is to be a key officer thereof, notify the licensee concerned of the adverse assessment of suitability within 28 days after the decision is made.

(4) If the Authority does not consider an individual suitable under this section because of information that is classified by the Authority as security sensitive information, the Authority is not required to provide any reasons for the Authority’s adverse assessment of suitability decision other than that the decision was made on public interest grounds under this section.

(5) To avoid doubt, for the purpose of determining whether or not a person or an individual is a suitable person to be involved in providing a gambling service, the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.