§ 8 — Meanings of “conducts gaming” and associated terms

8.—(1) For the purpose of any provision of this Act, a person conducts gaming 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 in the course of business:(i)

install and operate (but not just play), or make available to others, any gaming machine for the purpose of gambling;

(ii)

control or operate a computer server —(A)

in Singapore that enables any game of chance to be played by others in Singapore or elsewhere by remote communication for a prize; or

(B)

in Singapore or elsewhere that enables any game of chance to be played by others in Singapore by remote communication for a prize;

(iii)

conduct a game of chance for others to play the game of chance for a prize in accordance with arrangements made by the person;

(iv)

offer an opportunity to or otherwise facilitate others to play a game of chance for a prize, 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 redeeming tokens, 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) —(i)

by a contractor or an employee or agent of the person; or

(ii)

as an officer, a trustee or member of the governing body of an incorporated or unincorporated body that is conducting the gaming; or

(e)

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

(2) Without limiting subsection (1), a game of chance is taken to be conducted in the course of business if —(a)

a fee is charged to participate in the game of chance or to enter the place where the game of chance is conducted at a price or rate which reflects the opportunity to play the game (other than a fee intended to cover the reasonable cost of any food or beverages provided at the place); or

(b)

a charge, commission or fee is deducted from any amount bet or won by a participant in the game of chance.

(3) Without affecting subsection (1), a person also conducts gaming 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).

(4) However, 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 (3), merely because —(a)

the person supplies, installs or repairs, in the course of business, any gambling article 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.

—(1) For the purpose of any provision of this Act, a person conducts gaming 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 in the course of business:(i)

install and operate (but not just play), or make available to others, any gaming machine for the purpose of gambling;

(ii)

control or operate a computer server —(A)

in Singapore that enables any game of chance to be played by others in Singapore or elsewhere by remote communication for a prize; or

(B)

in Singapore or elsewhere that enables any game of chance to be played by others in Singapore by remote communication for a prize;

(iii)

conduct a game of chance for others to play the game of chance for a prize in accordance with arrangements made by the person;

(iv)

offer an opportunity to or otherwise facilitate others to play a game of chance for a prize, 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 redeeming tokens, 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) —(i)

by a contractor or an employee or agent of the person; or

(ii)

as an officer, a trustee or member of the governing body of an incorporated or unincorporated body that is conducting the gaming; or

(e)

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

(2) Without limiting subsection (1), a game of chance is taken to be conducted in the course of business if —(a)

a fee is charged to participate in the game of chance or to enter the place where the game of chance is conducted at a price or rate which reflects the opportunity to play the game (other than a fee intended to cover the reasonable cost of any food or beverages provided at the place); or

(b)

a charge, commission or fee is deducted from any amount bet or won by a participant in the game of chance.

(3) Without affecting subsection (1), a person also conducts gaming 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).

(4) However, 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 (3), merely because —(a)

the person supplies, installs or repairs, in the course of business, any gambling article 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.