Legislation Overview
- Title: Remote Gambling (Exempt Persons) Order 2015
- Type: sl
- Commencement: 16 March 2015, as stated in (Section 1)
- Sections count: 7 sections
Summary
This Order is made under section 40 of the Remote Gambling Act 2014 and sets out categories of remote gambling activity that are exempt from the application of sections 10, 11, 12 and 13 of that Act. In particular, it creates exemptions for remote gambling services used for incidental lotteries, customer lotteries, and non-commercial organisation lotteries, and it also provides rules on standard conditions and advertising for exempt remote gambling services. The Order therefore affects persons and organisations that provide or organise these kinds of lotteries by remote communication, including business organisations and non-commercial organisations. (Sections 3, 4, 5, 6, 7)
What Activities Does This Legislation Regulate?
The Order regulates remote gambling services used for participation in certain lotteries by remote communication. It specifically addresses:
- incidental lotteries connected with events such as fairs, dances, dinners, sporting or athletic events, or similar events in Singapore; (Section 3)
- customer lotteries conducted by a business organisation to promote the sale of a product or service other than a gambling service; (Section 4)
- non-commercial organisation lotteries promoted wholly by a non-commercial organisation for its purposes; (Section 5)
- the standard conditions that apply to exempt remote gambling services for customer lotteries and non-commercial organisation lotteries; (Section 6)
- advertising and related matters for exempt remote gambling services. (Section 7)
The definition section also explains key terms used throughout the Order, including “business organisation,” “non-commercial organisation,” “incidental lottery,” “customer lottery,” “non-commercial organisation lottery,” “receipt,” “roll-over,” and “standard conditions.” (Section 2)
What Licences or Permits Are Required?
The Order does not create a licensing scheme in the text provided. Instead, it grants exemptions from sections 10, 11, 12 and 13 of the Remote Gambling Act 2014 for specified kinds of remote gambling services when the conditions in the Order are met. For incidental lotteries, any person providing a remote gambling service for individuals to participate in an incidental lottery by remote communication is exempt from those sections. For customer lotteries, a business organisation is exempt if the lottery meets the requirements in Section 4. For non-commercial organisation lotteries, a non-commercial organisation is exempt if the lottery meets the requirements in Section 5. (Sections 3, 4, 5)
The practical effect is that compliance with the conditions in the Order is what determines whether the remote gambling service falls within the exemption. The Order also requires notice to Head SCPB CID in several situations, including advance provision of material information for customer lotteries and written undertakings for certain lottery results and accounts. (Sections 4, 6)
What Are the Penalties for Non-Compliance?
The text provided does not set out any penalties within this Order itself. It only states that qualifying persons are exempt from sections 10, 11, 12 and 13 of the Remote Gambling Act 2014. Because the penalty provisions are not included in the source text, no specific penalty can be stated here. (Sections 3, 4, 5)
What can be said from the text is that the exemption depends on satisfying the stated conditions. If those conditions are not met, the Order does not say that the person is exempt under these provisions. The source text does not provide the consequences of failing to qualify. (Sections 3, 4, 5, 6, 7)
What Exemptions Are Available?
The Order provides three main exemption categories:
- Incidental lotteries: A person providing a remote gambling service for individuals to participate in an incidental lottery by remote communication is exempt from sections 10, 11, 12 and 13 of the Act. The lottery must be incidental to a connected event, receipts must be limited to attendees or prospective attendees, no charge may be collected by organisers except attendance fees, and results must be made public in the manner specified. (Section 3)
- Customer lotteries: A business organisation providing a remote gambling service for individuals to participate in its customer lottery by remote communication is exempt from sections 10, 11, 12 and 13 of the Act, provided the detailed conditions in Section 4 are met. These include requirements on the purpose of the lottery, who may receive receipts, pricing, absence of profit, disclosure of material information, notice to Head SCPB CID, no roll-over, and satisfaction of the standard conditions. (Section 4)
- Non-commercial organisation lotteries: A non-commercial organisation providing a remote gambling service for individuals to participate in a non-commercial organisation lottery by remote communication is exempt from sections 10, 11, 12 and 13 of the Act, provided the conditions in Section 5 are met. These include record-keeping, issuance of receipts, payment requirements, receipt contents, no roll-over, a 12-month interval between public lotteries promoted by the same organisation, restrictions on who may perform section 5(4) activities, application of net proceeds, and satisfaction of the standard conditions. (Section 5)
Who Is the Regulatory Authority?
The Order identifies the Minister for Home Affairs as the authority making the Order under section 40 of the Remote Gambling Act 2014. It also assigns operational roles to Head SCPB CID, defined as the Head of the Specialised Crime Policy Branch, Criminal Investigation Department, Singapore Police Force. The Order requires information, notices, documents, and undertakings to be given to Head SCPB CID in several places. (Preamble; Sections 2, 4, 6)
The source text also provides a specific email address for Head SCPB CID: SPF_Lucky_Draw@spf.gov.sg. It further states that giving information, notice or document to Head SCPB CID may be done by registered post, facsimile transmission, or electronic mail at that address. (Section 2)
What Conditions Apply to Incidental Lotteries?
An incidental lottery is only within the exemption if it takes place as an incidental activity for entertainment at a fair, dance, dinner, sporting or athletic event, or other similar event in Singapore. The receipts must be supplied only to individuals attending or to attend the connected event, no charge may be collected by the organisers except attendance fees, and the results must be made public either on the premises during the event if the event lasts 7 hours or less, or within 7 days after the last day of the event in a newspaper or on an online location accessible to attendees if the event lasts more than 7 hours continuously. (Section 3)
What Conditions Apply to Customer Lotteries?
A customer lottery must be a public lottery conducted by a business organisation to promote the sale of a product or service other than a gambling service sold or supplied in the course of business in Singapore. Receipts may be sold or supplied only to customers who have purchased the product or service, no charge may be collected except a reasonable charge for the value of the product or service, and the lottery must be organised so that the business organisation makes no profit from it. (Section 4)
Before any draw starts, material information must be given to customers or the general public in the specified manner. At least 4 weeks before any advertisement promoting the lottery is published, the same material information must be given to Head SCPB CID together with a copy of the information given or to be given to customers or the public. The lottery must not involve a person in the business of providing a remote gambling service performing any of the activities in section 5(4) of the Act, must not include a roll-over, and must satisfy the standard conditions. (Section 4)
The material information includes the business organisation’s name and address, the arrangements for the lottery including the date and time of the draw and the place and methodology of the draw, and the prizes and manner of their allocation. The information must be published on printed publicity material available to customers or on an online location accessible to every customer receiving a receipt, and if the total value of prizes exceeds $10,000, it must also be given to the general public by newspaper publication or on an online location accessible to the public. (Section 4)
What Conditions Apply to Non-Commercial Organisation Lotteries?
A non-commercial organisation lottery must be a public lottery promoted wholly by a non-commercial organisation for its purposes. The organisation must keep a record of the name and address of every individual given a right in respect of membership of the class among whom prizes are to be allocated, and every such individual must be issued with a receipt proving that right. (Section 5)
If any price is payable to participate, it must be shown on the receipt and paid in full before any receipt is issued or any right is given. Each receipt must contain the organisation’s name, address and other identifying information, the details of the prizes, the date and time of the draw or how that information can be ascertained, and the details of arrangements for any prize not won or left unclaimed for more than 2 months, or how those details may be ascertained. (Section 5)
The lottery must not include a roll-over. A draw must not take place during a period of 12 months after another public lottery has been promoted by the same non-commercial organisation, whether by remote gambling service or otherwise. No person performing any of the activities in section 5(4) of the Act in connection with the lottery may be a person in the business of providing a remote gambling service. If the organisation is neither a charity nor an institution of a public character, all net proceeds must be applied to a purpose for which the organisation is conducted. The standard conditions must also be satisfied. (Section 5)
For this purpose, net proceeds mean the total sums payable to participate in the public lottery less amounts deducted for reasonably incurred costs in providing the remote gambling service, and those deductions may not exceed 30% of the sums payable. (Section 5)
What Are the Standard Conditions?
The standard conditions apply to remote gambling services provided for participation in customer lotteries or non-commercial organisation lotteries by remote communication. They require that at least 4 weeks before any promotional advertisement is published, Head SCPB CID is given the details of how any prize not won or left unclaimed after 2 months of the announcement of the winners is to be disposed of. (Section 6)
Every draw must be open to attendance by members of the public or a section of the public, or, if a computerised system is used to determine the winner or winners, the draw must either be open in that way or be witnessed and audited by a public accountant not employed by the organisation providing the remote gambling service. If a telecommunication system is used for the draw, no participant may be required to pay more than 20 cents per telephone call. (Section 6)
Every winner must be notified of the prize won by ordinary post, by electronic mail at an address provided by the winner, or by telephone at a number provided by the winner, unless the prize is already given when the right in respect of membership of the class is acquired. If the total value of prizes exceeds $10,000, the results must be published within 7 days after the last draw in a newspaper or on an online location accessible to the relevant participants. Before the first draw, the organisation must give Head SCPB CID a written undertaking to provide an audited statement of accounts, together with the results of the lottery and the description and value of the prizes, no later than 3 months after the last draw. (Section 6)
What Advertising Rules Apply?
Section 7 concerns exempt remote gambling service advertising and related matters. The text provided shows that the section applies to specified persons, beginning with “the organiser of a connected event,” but the remainder of the provision is truncated in the source text supplied here. Because the full wording is not available, only the existence of advertising-related rules in Section 7 can be confirmed from the source text. (Section 7)
Why Is This Legislation Important?
This Order is important because it creates a controlled legal pathway for certain lottery-based remote gambling activities to operate without falling within sections 10, 11, 12 and 13 of the Remote Gambling Act 2014, provided strict conditions are met. It distinguishes between incidental, commercial promotional, and non-commercial charitable or public-interest lotteries, and it imposes disclosure, timing, record-keeping, and public-notice requirements to support transparency and oversight. (Sections 3, 4, 5, 6)
The Order is also significant because it identifies who may rely on the exemptions, what information must be disclosed, how results must be published, and when Head SCPB CID must be notified. These requirements show that the legislation is designed to permit limited remote gambling activity while maintaining regulatory control over lottery conduct and publicity. (Sections 2, 4, 5, 6)
Related Legislation
- Remote Gambling Act 2014, referred to in the preamble and in the exemption provisions. (Preamble; Sections 3, 4, 5)
- National Council of Social Service Act (Cap. 195A), referred to in the definition of “non-commercial organisation.” (Section 2)
- Charities Act (Cap. 37), referred to in the definition of “non-commercial organisation” and in the definition of institutions of a public character. (Section 2)
- Newspaper and Printing Presses Act (Cap. 206), referred to in the definition of “newspaper.” (Section 2)
- Telecommunications Act (Cap. 323), referred to in the definition of “telecommunication system.” (Section 2)
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.