Statute Details
- Title: Gambling Control (Fundraisers — Class Licence) Order 2022
- Act Code: GCA2022-S661-2022
- Type: Subsidiary legislation (SL)
- Authorising Act: Gambling Control Act 2022
- Enacting power: Section 60 of the Gambling Control Act 2022
- Commencement: 2 August 2022
- Current status: Current version as at 27 March 2026
- Key provisions: Definitions (s 2); excluded gambling services (s 3); class licence for fundraiser lotteries (s 4); conditions (s 5); proceeds distribution requirement (s 6); advertising requirement (s 7); information requirement (s 8); special requirement for non-instant lotteries (s 9); prize-winner notification requirement (s 10)
- Schedules: First Schedule (prohibited game/method/device/scheme/competition); Second Schedule (impermissible gambling articles)
What Is This Legislation About?
The Gambling Control (Fundraisers — Class Licence) Order 2022 (“Fundraisers Class Licence Order”) creates a regulatory framework for fundraiser lotteries in Singapore by linking eligible charitable and public-purpose organisations to a class licence regime under the Gambling Control Act 2022. In plain terms, it sets out when a fundraiser lottery is treated as a permitted form of gambling service, what conditions must be met, and what restrictions apply to the way such lotteries are run and promoted.
The Order is designed to allow eligible organisations to raise funds through lotteries while protecting the public from prohibited gambling formats and ensuring transparency about how proceeds are used. It also addresses practical compliance issues: how proceeds are calculated and distributed, what information must be provided to participants, and how winners must be notified—especially for lotteries that are not “instant”.
Importantly, the Order does not operate in isolation. It sits within the broader Gambling Control Act 2022 licensing architecture and interacts with other class licence orders (for example, minor gambling and trade/promotional games). It also contains an express exclusion: if the gambling service is already covered by another class licence, this Fundraisers Class Licence Order does not apply.
What Are the Key Provisions?
1. Definitions that control the scope (Section 2)
A practitioner will find Section 2 critical because it defines the operative terms that determine whether the Order applies. The definitions include:
- “Eligible person”: charities registered under the Charities Act 1994, certain unregistered charities specified or excepted under that Act, institutions of a public character, and organisations/persons granted membership of the National Council of Social Service (NCSS) under the NCSS Act 1992. It also extends to a sponsoring eligible person connected through a sponsorship-like arrangement (but not acting as a gambling service agent of the eligible person).
- “Fundraiser lottery”: a lottery conducted on the basis that the whole or part of proceeds are applied to one or more approved purposes (religious, educational, charitable or benevolent purposes). It also includes a key restriction: the lottery must not use any game mechanic or design element from or involving items specified in the First Schedule, nor variants of those prohibited formats.
- “Approved purpose”: tied to the Charities Act 1994 and NCSS membership categories, reflecting the policy that fundraiser lotteries should support recognised public-benefit purposes.
- “Net proceeds”: defined as gross proceeds less (i) the value of prizes and administrative expenses, and (ii) a further deduction of 30% of gross proceeds. This definition is central to the proceeds distribution requirement.
- “Administrative expenses”: includes commissions, salaries and remuneration for conducting the lottery or selling tickets.
- “Scrutineer”: a public accountant registered or deemed registered under the Accountants Act 2004—relevant to compliance mechanisms (not fully visible in the extract, but typically used for verification and oversight).
2. Excluded gambling services (Section 3)
Section 3 provides that the Order does not apply to gambling services already covered by other class licences—specifically the Minor Gambling — Class Licence Order 2022 and the Trade and Other Promotional Games and Lotteries — Class Licence Order 2022. This prevents overlap and ensures that each gambling activity is regulated under the most appropriate class licence regime.
3. When the class licence applies (Section 4)
Section 4 is the “gateway” provision. It states that, unless exempt under section 128 of the Gambling Control Act 2022, every eligible person who provides a gambling service by conducting a fundraiser lottery on or after 2 August 2022 in or from any place in Singapore is subject to a class licence in connection with that gambling service.
Section 4 also extends the class licence to a gambling service agent acting under the authority of an eligible person. This matters in practice because many lotteries are operationally run through third parties (ticketing vendors, lottery administrators, promoters). The Order ensures that the agent is also within the class licence framework for that fundraiser lottery.
4. Conditions, proceeds, advertising, and information (Sections 5 to 8)
Although the extract truncates the later text, the enacting formula and headings indicate the core compliance obligations:
- Section 5 (Conditions of fundraiser class licence): sets out the conditions that must be satisfied for the class licence to apply. These conditions typically cover operational conduct, compliance processes, and restrictions on how the lottery is structured.
- Section 6 (Proceeds distribution requirement): addresses how proceeds must be distributed to approved purposes. The definition of “net proceeds” in Section 2 suggests that the law requires a minimum allocation of net proceeds to the approved purposes, after deducting prizes, administrative expenses, and the statutory 30% deduction.
- Section 7 (Advertising requirement): regulates how the fundraiser lottery may be advertised. The definition of “publicity” in Section 2 is broad and includes information or material that gives publicity to, or promotes, the fundraiser lottery, even if it can also reasonably be regarded as intended for another purpose. This breadth is a compliance risk area: organisations must ensure that promotional materials do not mislead or breach gambling advertising constraints.
- Section 8 (Information requirement): requires that participants receive certain information. In practice, this often includes disclosures about how to participate, the nature of the lottery, prize details, and any material terms affecting participants’ understanding.
5. Special requirements for non-instant lotteries and winner notification (Sections 9 and 10)
The headings indicate additional safeguards for lotteries that are not instant. Section 9 (“Special requirement for non‑instant lotteries”) applies only in relation to a fundraiser lottery that is not entirely instant. This implies that where results are not immediately realisable after entry, additional procedural requirements apply—likely relating to draw timing, verification, and participant communications.
Section 10 (“Prize-winner notification requirement”) requires that prize winners be notified in a prescribed manner. This is a key consumer-protection and integrity measure: it reduces the risk of winners being overlooked or disputes arising about whether winners were properly identified and informed.
6. Prohibited formats and impermissible gambling articles (Schedules)
The First Schedule lists prohibited games, methods, devices, schemes or competitions, and the definition of “fundraiser lottery” expressly excludes lotteries that involve any of those specified elements or variants. This is a substantive limitation: even if an organisation is eligible and the proceeds are for approved purposes, the lottery may still be unlawful if it uses a prohibited gambling format.
The Second Schedule lists “impermissible gambling articles”. This likely covers physical or operational items used in the lottery (for example, certain ticketing or gaming devices). For practitioners, these schedules are not “background”; they are often the decisive factor in whether a proposed lottery design is permitted.
How Is This Legislation Structured?
The Order is structured as follows:
- Part/Sections 1–2: Citation and commencement (s 1) and definitions (s 2).
- Section 3: Excluded gambling services (other class licence regimes).
- Section 4: Establishes that eligible persons conducting fundraiser lotteries (and their gambling service agents) are subject to a class licence.
- Sections 5–8: Core compliance requirements—conditions, proceeds distribution, advertising, and participant information.
- Sections 9–10: Additional procedural requirements for non-instant lotteries and winner notification.
- First Schedule: Prohibited gambling formats.
- Second Schedule: Impermissible gambling articles.
Who Does This Legislation Apply To?
The Order applies primarily to eligible persons—a defined set of charities, public-purpose institutions, and NCSS-linked organisations/persons—when they provide a gambling service by conducting a fundraiser lottery in or from Singapore on or after 2 August 2022. It also applies to gambling service agents acting under the authority of an eligible person.
In addition, the definitions extend the concept of participation through sponsorship-like arrangements. A person may be a “sponsoring eligible person” connected to an eligible person, but the Order distinguishes such persons from gambling service agents. Practitioners should therefore carefully map the roles of each party involved (organiser, sponsor, agent, ticket seller, promoter) to determine which entities are within the class licence framework.
Why Is This Legislation Important?
This Order is important because it operationalises the Gambling Control Act 2022’s approach to regulated gambling for charitable fundraising. It provides a pathway for eligible organisations to run lotteries without needing a bespoke licence for each activity, but only if strict conditions are met.
From a compliance perspective, the most significant practical issues are:
- Eligibility and purpose: the organisation must fall within the “eligible person” definition and the proceeds must be applied to “approved purposes”.
- Lottery design restrictions: the lottery must not use prohibited formats or variants listed in the First Schedule.
- Financial integrity: “net proceeds” and the proceeds distribution requirement (s 6) create a structured calculation that affects how much must ultimately support approved purposes.
- Public communications: advertising and publicity are broadly defined; organisations must ensure promotional materials comply with the advertising requirement and do not misrepresent the lottery.
- Participant protection: information requirements, non-instant procedural safeguards, and winner notification obligations reduce disputes and improve transparency.
For lawyers advising charities and their partners, the Order also has risk-management value. It provides a clear checklist of what must be verified before launch: the proposed lottery mechanics against the First Schedule, the permitted use of gambling articles against the Second Schedule, the financial model for net proceeds, and the compliance documentation for advertising and participant information.
Related Legislation
- Gambling Control Act 2022
- Gambling Control (Minor Gambling — Class Licence) Order 2022 (G.N. No. S 659/2022)
- Gambling Control (Trade and Other Promotional Games and Lotteries — Class Licence) Order 2022 (G.N. No. S 660/2022)
- Charities Act 1994
- National Council of Social Service Act 1992
- Accountants Act 2004
- Social Service Act 1992
Source Documents
This article provides an overview of the Gambling Control (Fundraisers — Class Licence) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.