§ 6 — Meanings of “conducting a betting operation” and associated expressions

6.—(1) For the purposes of this Act, a person is conducting a betting operation if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise —(a)

undertakes any of the following activities:(i)

accept or receive bets;

(ii)

pay, negotiate or settle bets;

(iii)

operate a betting exchange or betting information centre;

(iv)

operate a totalisator;

(v)

organise pool betting;

(vi)

match gamblers;

(vii)

lay or offer odds;

(viii)

offer an opportunity to or otherwise facilitate others to bet in accordance with arrangements made by the person;

(b)

organises, manages or supervises any activity described in paragraph (a);

(c)

distributes the turnover of any activity described in paragraph (a) or (b) (for example, by paying prizes, meeting costs, or making grants) in accordance with arrangements made by the person;

(d)

authorises the carrying on of any activity described in paragraph (a), (b) or (c) by a contractor or an employee or agent of the person; or

(e)

assists in an activity described in paragraph (a), (b), (c) or (d) or any combination of those activities.

(2) Without affecting subsection (1), a person is also regarded as conducting a betting operation if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1).

(3) A reference in any provision of this Act to a bet made with, or received by, a betting operator includes a reference to a bet made with the betting operator —(a)

through an agent;

(b)

wholly or partly by means of remote communication; or

(c)

partly inside and partly outside Singapore.

(4) Also, a reference in any provision of this Act to a bet made with, or received by, a betting operator includes, for a betting operator who operates a betting exchange, a reference to a bet made through the betting operator using the betting exchange.

(5) However, despite subsections (1) and (2), a person is not to be treated as assisting in an activity in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (2), merely because —(a)

the person supplies, installs or repairs, in the course of business, any gambling article, and even though the person knows or ought reasonably to have known that the gambling article is intended to be used or is used for or in connection with an activity described in subsection (1);

(b)

the person —(i)

is a provider of —(A)

an internet access service;

(B)

a telecommunication service; or

(C)

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

(ii)

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

without altering the information or material; or

(B)

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

(c)

the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone.

(6) For the purpose of any provision of this Act —“betting exchange” means a facility, electronic or otherwise, that enables persons —(a)

to place or accept, through the operator of the facility, bets with other persons; or

(b)

to place with the operator of the facility bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator,

but does not include a facility (electronic or otherwise) that enables persons to place bets only with a bookmaker or a totalisator;

“betting information centre” means any place kept or used for receiving or communicating any information or material relating to any race, competition, sporting event or other event or process for the purpose of betting;

“bookmaker” means a person who, on the person’s own account or as an employee or agent for another person, carries out bookmaking or holds out in any manner as a person who carries out bookmaking;

“bookmaking” means running a business or making, or endeavouring to derive, an income, totally or partly, from any of the following activities:(a)

accepting or receiving bets;

(b)

paying, negotiating or settling bets;

(c)

laying or offering odds;

(d)

inviting others to bet in accordance with arrangements made by the person,

but does not include social gambling, casino gambling and operating a totalisator;

“pool betting” means betting made on terms that all or part of the winnings —(a)

must be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting;

(b)

must be divided among the winners; or

(c)

must or may be something other than money.

—(1) For the purposes of this Act, a person is conducting a betting operation if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise —(a)

undertakes any of the following activities:(i)

accept or receive bets;

(ii)

pay, negotiate or settle bets;

(iii)

operate a betting exchange or betting information centre;

(iv)

operate a totalisator;

(v)

organise pool betting;

(vi)

match gamblers;

(vii)

lay or offer odds;

(viii)

offer an opportunity to or otherwise facilitate others to bet in accordance with arrangements made by the person;

(b)

organises, manages or supervises any activity described in paragraph (a);

(c)

distributes the turnover of any activity described in paragraph (a) or (b) (for example, by paying prizes, meeting costs, or making grants) in accordance with arrangements made by the person;

(d)

authorises the carrying on of any activity described in paragraph (a), (b) or (c) by a contractor or an employee or agent of the person; or

(e)

assists in an activity described in paragraph (a), (b), (c) or (d) or any combination of those activities.

(2) Without affecting subsection (1), a person is also regarded as conducting a betting operation if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1).

(3) A reference in any provision of this Act to a bet made with, or received by, a betting operator includes a reference to a bet made with the betting operator —(a)

through an agent;

(b)

wholly or partly by means of remote communication; or

(c)

partly inside and partly outside Singapore.

(4) Also, a reference in any provision of this Act to a bet made with, or received by, a betting operator includes, for a betting operator who operates a betting exchange, a reference to a bet made through the betting operator using the betting exchange.

(5) However, despite subsections (1) and (2), a person is not to be treated as assisting in an activity in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (2), merely because —(a)

the person supplies, installs or repairs, in the course of business, any gambling article, and even though the person knows or ought reasonably to have known that the gambling article is intended to be used or is used for or in connection with an activity described in subsection (1);

(b)

the person —(i)

is a provider of —(A)

an internet access service;

(B)

a telecommunication service; or

(C)

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

(ii)

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

without altering the information or material; or

(B)

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

(c)

the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone.

(6) For the purpose of any provision of this Act —“betting exchange” means a facility, electronic or otherwise, that enables persons —(a)

to place or accept, through the operator of the facility, bets with other persons; or

(b)

to place with the operator of the facility bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator,

but does not include a facility (electronic or otherwise) that enables persons to place bets only with a bookmaker or a totalisator;

“betting information centre” means any place kept or used for receiving or communicating any information or material relating to any race, competition, sporting event or other event or process for the purpose of betting;

“bookmaker” means a person who, on the person’s own account or as an employee or agent for another person, carries out bookmaking or holds out in any manner as a person who carries out bookmaking;

“bookmaking” means running a business or making, or endeavouring to derive, an income, totally or partly, from any of the following activities:(a)

accepting or receiving bets;

(b)

paying, negotiating or settling bets;

(c)

laying or offering odds;

(d)

inviting others to bet in accordance with arrangements made by the person,

but does not include social gambling, casino gambling and operating a totalisator;

“pool betting” means betting made on terms that all or part of the winnings —(a)

must be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting;

(b)

must be divided among the winners; or

(c)

must or may be something other than money.