s 5 Agreement by way of gaming or wagering to be null and void
5.—(1) All contracts or agreements, whether by parol or in writing, by way of gaming or wagering shall be null and void. (2) No action shall be brought or maintained in the court for recovering any sum of money or valuable thing alleged to be won upon any wager or which has been deposited in the hands of any person to abide the event on which any wager has been made. (3) Subsections (1) and (2) shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime or exercise. (3A) Subsections (1) and (2) shall not apply to —(a) a contract for gaming that is conducted under the control or supervision of a person or an organisation that is exempted under section 24 of the repealed Common Gaming Houses Act 1961 from the provisions of that Act in respect of such gaming;[Act 15 of 2022 wef 01/08/2022] (b) a contract for betting that is held, promoted, organised, administered or operated by a person or an organisation that is exempted under section 22 of the repealed Betting Act 1960 from the provisions of that Act in respect of such betting, only if the betting takes place under the control or supervision of that person or organisation;[Act 15 of 2022 wef 01/08/2022] (ba) a contract by way of gaming, wagering or betting using remote communication that is conducted, promoted, organised or administered by —(i) an exempt operator within the meaning of the repealed Remote Gambling Act 2014; or[Act 15 of 2022 wef 01/08/2022] (ii) a person that is exempted under section 40 of that Act from section 10 or 11 of that Act; (c) a contract for betting that takes place on a totalisator conducted by or on behalf of the Singapore Totalisator Board or a turf club in accordance with an approved scheme; [Act 15 of 2022 wef 01/08/2022] (d) a contract to participate in a private lottery promoted or conducted by the holder of a permit granted under section 8 of the repealed Private Lotteries Act 2011; and[10/2006; 7/2011; 34/2014] [Act 15 of 2022 wef 01/08/2022] (e) a contract by way of gaming, wagering or betting that is conducted, promoted, organised or administered by —(i) a licensee or class licensee within the meaning of the Gambling Control Act 2022; (ii) a person mentioned in section 18(1)(d) or (f) of the Gambling Control Act 2022 in the circumstances described in that section; or (iii) a person who is exempted under section 128 of the Gambling Control Act 2022 from section 18 of that Act.[Act 15 of 2022 wef 01/08/2022] (3B) In the case of a person or an organisation exempted under section 24 of the repealed Common Gaming Houses Act 1961 in respect of any gaming conducted for or on behalf of another person or organisation, subsection (3A)(a) applies only if the contract is for gaming conducted by that person or organisation for or on behalf of that other person or organisation.[10/2006] [Act 15 of 2022 wef 01/08/2022] (3C) Subsection (3A)(a) shall not apply to any gaming conducted in premises owned or used by a private body exempted under the repealed Common Gaming Houses Act 1961.[10/2006] [Act 15 of 2022 wef 01/08/2022] (3D) In the case of a person or an organisation exempted under section 22 of the repealed Betting Act 1960 in respect of any betting held, promoted, organised, administered or operated for or on behalf of another person or organisation, subsection (3A)(b) applies only if the contract is for betting held, promoted, organised, administered or operated by that person or organisation for or on behalf of that other person or organisation.[10/2006] [Act 15 of 2022 wef 01/08/2022] (3DA) In the case of an exempt operator or person exempted under section 40 of the repealed Remote Gambling Act 2014 in respect of any gaming, wagering or betting conducted, promoted, organised or administered for or on behalf of another person or organisation, subsection (3A)(ba) applies only if the contract is for betting conducted, promoted, organised or administered by that person or organisation for or on behalf of that other person or organisation.[34/2014] [Act 15 of 2022 wef 01/08/2022] (3E) In subsection (3A) —“contract” excludes a contract for or which involves —(a) the lending of any money or other valuable thing for such gaming or wagering; (b) the extension of any form of credit for such gaming or wagering; or (c) the giving of security in respect of the act referred to in paragraph (a) or (b); “private body” has the same meaning as in any notification made under the repealed Common Gaming Houses Act 1961 which exempts gaming conducted in premises owned or used by a private body;[Act 15 of 2022 wef 01/08/2022] “private lottery” has the same meaning as in the repealed Private Lotteries Act 2011;[Act 15 of 2022 wef 01/08/2022] “totalisator”, “Singapore Totalisator Board”, “turf club” and “approved scheme” have the same meanings as in the Singapore Totalisator Board Act 1987.[10/2006; 7/2011] (4) For the avoidance of doubt, this section shall not affect the validity or enforceability of any contract or agreement entered into by either or each party by way of business and the making or performance of which by any party constitutes an investment activity. (5) For the purposes of subsection (4), “investment activity” means any of the following activities:(a) a transaction in relation to a contract or an option for the future delivery of any securities, commodity, currency or financial instrument, whether or not there is any intention of actual delivery of such securities, commodity, currency or financial instrument; (b) a transaction in relation to a contract or an option which is entered into with the intention of settlement of differences in the prices or values of any securities, commodity, currency or financial instrument, whether or not there is any intention of actual delivery of such securities, commodity, currency or financial instrument; (c) a transaction involving the exchange or grant of an option for the exchange of any securities, commodity, currency or financial instrument; (d) a transaction in securities, commodity, currency or financial instrument; (e) a transaction involving the grant of a right or an option relating to an obligation to pay interest or the exchange or grant of an option for the exchange of obligations to pay interest; (f) a transaction in relation to a contract or an option to pay the difference between a pre-agreed interest rate and the rate prevailing as at specified intervals; (g) a transaction in relation to any securities, futures contract or derivative which is listed or traded on any stock exchange, futures exchange or commodities exchange in any country outside Singapore; (h) a transaction in relation to any other derivative including but not limited to any swap, cap, collar, floor and any combination thereof; (i) such other activity as the Minister may by notification prescribe. (6) Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by subsections (1) and (2), or to pay any sum of money by way of commission, fee, reward or otherwise in respect of any such contract or of any services in relation thereto or in connection therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money.