§ 88 — Suspension or revocation, etc., of licence or class licence

88.—(1) Subject to section 90, if the Authority is satisfied that —(a)

a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with any of the following:(i)

any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence;

(ii)

any provision of a standard applicable to the licensee or class licensee;

(iii)

any direction given to the licensee or class licensee under subsection (2)(b) or (e);

(iv)

section 78(10) or 82(1) or (2);

(v)

a confirmed interim order under section 91;

(vi)

a directive under section 92;

(b)

the licensee does not or has ceased to provide the gambling service authorised by its licence or class licence for a period of more than 6 continuous months;

(c)

the licensee or class licensee has provided the gambling service authorised by its licence or class licence in such a way that reflects discredit on the manner of conduct of the business of the gambling operators;

(d)

any gambling duty and penalty tax under the Gambling Duties Act 2022 for which the licensee or class licensee is liable to pay is not paid before the end of the time prescribed by that Act;

(e)

the licensee or class licensee, or a key officer of the licensee or class licensee, is convicted of any of the following offences committed during the term of the licence or class licence, as the case may be:(i)

any offence under this Act;

(ii)

any offence under the Casino Control Act 2006, or the repealed Betting Act 1960, the repealed Common Gaming Houses Act 1961, the repealed Private Lotteries Act 2011 or the repealed Remote Gambling Act 2014;

(f)

the licensee is, or 2 or more responsible executives or category 1 key officers of the licensee are each, no longer a suitable person to be involved in the conduct of the gambling service authorised by the licence;

(g)

the licence had been obtained by the licensee by fraud or misrepresentation;

(h)

the licensee or class licensee —(i)

has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts; or

(i)

the public interest or national security of Singapore requires,

the Authority may revoke (without any compensation) the licensee’s licence, or disapply (without any compensation) the class licence with respect to that class licensee.

(2) However, the Authority may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following:(a)

censure the licensee or class licensee in writing;

(b)

direct the licensee or class licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a) or that constitutes the ground for regulatory action;

(c)

suspend the licence or the application of the class licence (as the case may be) for not more than 6 months;

(d)

modify any condition of the licence, and section 58(2), (3) and (4) is disapplied;

(e)

direct the licensee or class licensee to pay, within a period specified in a direction, a financial penalty of such amount as the Authority thinks fit, but not exceeding $1 million;

(f)

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensee with any condition attached to the licence;

(ii)

to secure compliance by the licensee with any standard applicable to the licensee;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee.

(3) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the Authority may accept the licensee’s or person’s conviction as final.

(4) For the purposes of subsection (1)(h), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

(5) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)

any condition attached to the licence; or

(b)

any standard applicable to the licensee,

then, any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to the licence or any standard applicable to the licensee must not be forfeited by the Authority for that contravention or non‑compliance except to the extent to pay the financial penalty.

(6) All financial penalties imposed under this section, and any moneys under a performance bond, deposit or other form of security forfeited under this section for the purpose of meeting any financial penalty so imposed —(a)

may be recovered as if a debt due to the Authority from the person from whom the sum is due and payable; and

(b)

must be collected by the Authority and paid into the Consolidated Fund,

and that person’s liability to pay is not to be affected by the person’s licence ceasing, for any reason, to be in force.

—(1) Subject to section 90, if the Authority is satisfied that —(a)

a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with any of the following:(i)

any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence;

(ii)

any provision of a standard applicable to the licensee or class licensee;

(iii)

any direction given to the licensee or class licensee under subsection (2)(b) or (e);

(iv)

section 78(10) or 82(1) or (2);

(v)

a confirmed interim order under section 91;

(vi)

a directive under section 92;

(b)

the licensee does not or has ceased to provide the gambling service authorised by its licence or class licence for a period of more than 6 continuous months;

(c)

the licensee or class licensee has provided the gambling service authorised by its licence or class licence in such a way that reflects discredit on the manner of conduct of the business of the gambling operators;

(d)

any gambling duty and penalty tax under the Gambling Duties Act 2022 for which the licensee or class licensee is liable to pay is not paid before the end of the time prescribed by that Act;

(e)

the licensee or class licensee, or a key officer of the licensee or class licensee, is convicted of any of the following offences committed during the term of the licence or class licence, as the case may be:(i)

any offence under this Act;

(ii)

any offence under the Casino Control Act 2006, or the repealed Betting Act 1960, the repealed Common Gaming Houses Act 1961, the repealed Private Lotteries Act 2011 or the repealed Remote Gambling Act 2014;

(f)

the licensee is, or 2 or more responsible executives or category 1 key officers of the licensee are each, no longer a suitable person to be involved in the conduct of the gambling service authorised by the licence;

(g)

the licence had been obtained by the licensee by fraud or misrepresentation;

(h)

the licensee or class licensee —(i)

has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(ii)

has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts; or

(i)

the public interest or national security of Singapore requires,

the Authority may revoke (without any compensation) the licensee’s licence, or disapply (without any compensation) the class licence with respect to that class licensee.

(2) However, the Authority may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following:(a)

censure the licensee or class licensee in writing;

(b)

direct the licensee or class licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(a) or that constitutes the ground for regulatory action;

(c)

suspend the licence or the application of the class licence (as the case may be) for not more than 6 months;

(d)

modify any condition of the licence, and section 58(2), (3) and (4) is disapplied;

(e)

direct the licensee or class licensee to pay, within a period specified in a direction, a financial penalty of such amount as the Authority thinks fit, but not exceeding $1 million;

(f)

direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensee with any condition attached to the licence;

(ii)

to secure compliance by the licensee with any standard applicable to the licensee;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee.

(3) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the Authority may accept the licensee’s or person’s conviction as final.

(4) For the purposes of subsection (1)(h), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

(5) Where any financial penalty is imposed on a licensee for contravening or not complying with —(a)

any condition attached to the licence; or

(b)

any standard applicable to the licensee,

then, any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to the licence or any standard applicable to the licensee must not be forfeited by the Authority for that contravention or non‑compliance except to the extent to pay the financial penalty.

(6) All financial penalties imposed under this section, and any moneys under a performance bond, deposit or other form of security forfeited under this section for the purpose of meeting any financial penalty so imposed —(a)

may be recovered as if a debt due to the Authority from the person from whom the sum is due and payable; and

(b)

must be collected by the Authority and paid into the Consolidated Fund,

and that person’s liability to pay is not to be affected by the person’s licence ceasing, for any reason, to be in force.