Section 1
Short title
This Act is the Singapore Totalisator Board Act 1987.
/akn/sg/act/act/1987/STBA
Singapore Totalisator Board Act 1987
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Part 1
PRELIMINARY
Section 2
Interpretation
Amended [5/2018]
In this Act, unless the context otherwise requires —“advertisement” includes —
(a)
any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document; and(b)any announcement, notification or intimation to the public or any section of the public or to any person or persons made —
(i)
orally or in writing;
(ii)
by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;
(iii)
by means of producing or transmitting sound or light and whether for aural or visual reception or both;
(iv)
by means of any writing on any vehicle or any object or thing; or(v)in any other manner;“Board” means the Singapore Totalisator Board established under section 3;“chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;“gaming” means the playing of any game of chance or of mixed chance and skill for money or money’s worth;“horse race” includes a pony race;“lottery” includes any game, method, device, scheme or competition whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot;“race course” means any land used for the purpose of a race meeting;“race meeting” means a meeting for the purpose of horse racing;“totalisator” means any instrument for wagering or betting known by that name, and any other instrument, device, machine or method of a like nature and conducted on the same principles, and includes a numbers forecast totalisator paying a fixed minimum dividend;“totalisator agency” means any totalisator agency appointed by the Board, and includes any premises in which totalisator investments may be received;“totalisator investment” means any money, currency note or cheque, or such other form of payment as may be approved by the Minister, received for investment on the totalisator;“turf club” means any club, association or other body of persons (whether incorporated or unincorporated) established for the purpose of promoting, conducting and controlling the sport of horse racing;“writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form.
Definition
“advertisement” includes —
(a)
any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document; and(b)any announcement, notification or intimation to the public or any section of the public or to any person or persons made —
(i)
orally or in writing;
(ii)
by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;
(iii)
by means of producing or transmitting sound or light and whether for aural or visual reception or both;
(iv)
by means of any writing on any vehicle or any object or thing; or(v)in any other manner;
Definition
“Board” means the Singapore Totalisator Board established under section 3;
Definition
“chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;
Definition
“gaming” means the playing of any game of chance or of mixed chance and skill for money or money’s worth;
Definition
“lottery” includes any game, method, device, scheme or competition whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot;
Definition
“totalisator” means any instrument for wagering or betting known by that name, and any other instrument, device, machine or method of a like nature and conducted on the same principles, and includes a numbers forecast totalisator paying a fixed minimum dividend;
Definition
“totalisator agency” means any totalisator agency appointed by the Board, and includes any premises in which totalisator investments may be received;
Definition
“totalisator investment” means any money, currency note or cheque, or such other form of payment as may be approved by the Minister, received for investment on the totalisator;
Definition
“turf club” means any club, association or other body of persons (whether incorporated or unincorporated) established for the purpose of promoting, conducting and controlling the sport of horse racing;
Definition
“writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form.
Amended [5/2018]
Part 2
SINGAPORE TOTALISATOR BOARD
Section 3
Establishment and incorporation of Singapore Totalisator Board
A Board called the Singapore Totalisator Board is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of —
(a)
suing and being sued;
(b)
acquiring, owning, holding and developing or disposing of property, both movable and immovable; and(c)doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.
Section 4
Functions of Board
(1)
The functions of the Board are —
(a)
to establish, operate or conduct any totalisator, lottery, betting or gaming activity;
(b)
to conduct equine research and establish, maintain and improve turf clubs, training centres for apprentices, jockeys, blacksmiths and others employed in connection with racing, and other places used in connection with racing;
(c)
to establish or operate any totalisator agency;
(d)
with the approval of the Minister, to establish and maintain places and facilities for recreation on land owned or held by the Board and to carry out activities that appear to the Board to be requisite, advantageous or convenient for or in connection with its functions;
(e)
to improve racing generally; and(f)to issue or approve and, from time to time, modify rules in relation to —
(i)
the operation or conduct of any totalisator, lottery, betting or gaming activity established by the Board; or(ii)the operation of any totalisator agency or any agent appointed by the Board.
(2)
The Minister may, after consulting the Board, give to the Board such general directions, not inconsistent with the provisions of this Act, as to the policy to be followed by the Board in the exercise and performance of its powers and functions under this Act as appear to the Minister to be required in the public interest, and the Board must as soon as possible give effect to any such directions.
(3)
The Board must provide the Minister with information relating to its property and activities in such manner and at such times as the Minister may require.
Section 5
Powers of Board
(1)
Subject to the provisions of this Act, the Board has power to do all such things as are in its opinion necessary for or conducive to the proper discharge of its functions under this Act and, in particular, the Board has power —
(a)
to provide assistance and advice relating to racing, betting and gaming in Singapore or elsewhere; (b)to subscribe for or acquire any securities, stocks or shares of any company or to form or participate in the formation of any company, partnership or joint venture for the purpose of carrying out any function of the Board or for such other purposes as the Minister may approve; and(c)to suspend or revoke any totalisator, lottery, betting or gaming activity established by any totalisator agency or any agent appointed by the Board.
(2)
Subject to any regulations made under section 24, the Board may distribute any moneys forming part of the funds of the Board and not required by it in the exercise of its functions under section 4 for all or any of the following purposes:
(a)
public, social or charitable purposes;
(b)
the promotion of culture, art and sport generally in Singapore.
Section 6
Directions by Minister
Amended [5/2018]
The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.[5A
Section 7
Members of Board
(1)
The Board consists of —
(a)
a Chairperson; and(b)not less than 4 and not more than 11 other members as the Minister may determine.
(2)
The Schedule has effect with respect to the Board, its members and proceedings.[6
Section 8
Chief executive
Amended [5/2018]Amended [5/2018]
(1)
There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.
Amended [5/2018]
(2)
The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —
(a)
is absent from duty or Singapore; or(b)is, for any reason, unable to perform the duties of the office.[6A
Amended [5/2018]
Section 9
Appointment of officers, etc.
Amended [5/2018]
(1)
Subject to subsection (2) and the Public Sector (Governance) Act 2018, the Board may, on such terms and conditions as it may determine —
(a)
appoint and employ such officers, employees, consultants or agents; and(b)appoint such totalisator agencies,as may be necessary for the effective performance of its functions.
Amended [5/2018]
(2)
The Board must obtain the approval of the Minister for the appointment of —
(a)
any agent to operate or conduct any totalisator, lottery, betting or gaming activity; or(b)any totalisator agency.[7
Section 10
Bank accounts and application of revenue
(1)
The Board must open and maintain an account or accounts with such bank or banks as the Board thinks fit.
(2)
Every account under subsection (1) must be operated by such person or persons authorised to do so by the Board.
(3)
The moneys of the Board must be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payments that the Board is authorised or required to make.[8
Section 11
Power of investment
The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.[9
Section 12
Issue of shares, etc.
As a consequence of —
(a)
the vesting of any property, rights or liabilities of the Government in the Board under this Act; or(b)any capital injection or other investment by the Government in the Board in accordance with any written law,the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.[9A
Section 13
Power to borrow
(1)
For the purposes of this Act, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —
(a)
mortgage, overdraft or other means, with or without security;
(b)
charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or(c)the creation and issue of debentures, bonds or any other instrument as the Minister may approve.
(2)
For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods or services.[9B
Section 14
Financial year
Amended [5/2018]
The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.[10
Part 3
TOTALISATORS AND TOTALISATOR AGENCIES
Section 15
Calculation of dividend
(1)
It is the duty of the Board and any totalisator agency operating a totalisator to pay out by way of dividend all moneys received from investments on the totalisator after deducting —
(a)
the amount of any duty charged under the Betting and Sweepstake Duties Act 1950; and(b)the amount of any commission prescribed, or determined in any manner prescribed, in any regulations made under section 24.
(3)
Any investment on any horse which is scratched or otherwise withdrawn in accordance with the rules issued, approved or modified under section 4(1)(f) must be refunded without deduction of such duty and commission mentioned in subsection (1). [12
Section 16
Proportion of deduction from investment to belong to Board
The sums deducted by way of commission in accordance with section 15(1)(b), together with any fractional money arising pursuant to the operation of section 15(2), are deemed for all purposes to belong to and form part of the general funds of the Board and may be apportioned between the Board and the totalisator agency in such proportion and in such manner as the Minister may approve.[13
Part 4
MISCELLANEOUS
Section 17
Admission to race courses
(1)
A turf club may admit members of the public to any race course or premises under the control or supervision of the club or of any one or more of the officers of such club on payment of an admission fee.
(2)
A turf club may make by‑laws controlling the admission of persons to any race course or premises used or occupied by such club for race meetings or for the placing of investments on the totalisator.
(3)
Any by-laws made under this section may provide for the exclusion from a race course or such premises of any specified class or description of persons, either absolutely or subject to the conditions prescribed (if any) by such by‑laws.
(4)
This section —
(a)
is applicable to any race course despite the fact that it is or forms part of a reserve or other place in respect of which there exists a right of public use or entry; and(b)is not deemed to limit the power of any club to exclude or remove any person from any race course occupied by the club and which is free from such right of public use or entry.
(5)
An officer of the turf club may remove from the race course or such premises any person who contravenes any by‑law made under this section and who fails or refuses to leave the race course or such premises after being requested by such officer to do so.
(6)
Every by-law or amendment of or addition to or revocation of or substitution for any by-law made under this section must, within 30 days of its coming into operation —
(a)
be published on the website of the Singapore Turf Club (the publication cost of which must be borne by the turf club which made, amended, added to, revoked or substituted the by-laws); and(b)be displayed prominently within the premises of the turf club.
(7)
By-laws made under this section must not be inconsistent with any law for the time being in force in Singapore and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void.[14
Section 18
Authority of totalisator operations and investments in accordance with provisions of Act
Despite the provisions of any other law to the contrary, it is lawful for any person 18 years of age or older —
(a)
to lodge totalisator investments and receive dividends in respect of such investments in accordance with such rules as may be issued, approved or modified under section 4(1)(f); or(b)to buy a ticket or chance or take part in any totalisator, lottery, betting or gaming activity operated in accordance with such rules as may be issued, approved or modified under section 4(1)(f).[15
Section 19
Investment on totalisator after time of race prohibited
Subject to the rules issued, approved or modified under section 4(1)(f) and any regulations made under section 24, any member, officer, agent or employee of the Board or any totalisator agency who —
(a)
receives or permits to be received any investment on the totalisator in respect of any race after the start of the race;
(b)
registers on the totalisator after the start of any race any moneys received for investment in respect of that race;
(c)
takes into account in the calculation or payment of any dividend, any investment which has not been publicly registered on the totalisator in accordance with this section;
(d)
receives or permits to be received any investment on the totalisator elsewhere than at the totalisator itself; or(e)makes, authorises or permits the payment to any person of any dividend which is not calculated in accordance with section 15,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.[18
Section 20
Power of arrest
Any police officer may arrest without warrant any person whom the police officer has reason to believe has committed an offence under section 19.[19
Section 21
Inspection of totalisators and totalisator agencies
A police officer not below the rank of inspector may (at any time) enter for the purpose of inspection any premises in which any totalisator or totalisator agency is operated, and may during such inspection —
(a)
examine any books, accounts, records or other documents, or any machine or equipment, for the time being used in the operation of the totalisator or totalisator agency;
(b)
seize any such books, accounts, records, documents, machine or equipment which the police officer has reasonable cause to believe to be evidence of the commission of any offence under this Act; and(c)demand from any person for the time being having the care and management of the totalisator or totalisator agency or any part of the totalisator or totalisator agency any information that the police officer considers necessary for the purpose of the inspection.[20
Section 22
Composition of offences
(1)
Any public officer authorised by the Minister may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2)
On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3)
All sums collected under this section must be paid into the Consolidated Fund.[20A
Section 23
General exemption
The Minister may, by order in the Gazette and subject to such conditions as the Minister may impose, exempt any person or class of persons from all or any of the provisions of this Act.[20B
Section 24
Power to make regulations
(1)
The Minister may make such regulations as the Minister may consider necessary or expedient to give effect to the provisions of this Act and for the due administration of this Act.
(2)
In particular and without limiting the powers conferred by subsection (1), regulations may be made to —
(a)
regulate any advertisement in relation to any totalisator, lottery, betting or gaming activity of —
(i)
the Board;
(ii)
any totalisator agency; or(iii)any agent appointed by the Board;
(b)
prescribe the offences which may be compounded; and(c)provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.[21
Section 25
Property of Singapore Turf Club to be held on trust for Board
(1)
The following property and funds of the Singapore Turf Club, a society registered under the Societies Act 1966, is with effect from 9 November 1987 deemed to be held by the Club on trust for the purposes of the Board and the Board may at any time require the Club to transfer to the Board any such property or funds for those purposes:
(a)
all immovable property owned by the Club on that date;
(b)
all funds and investments belonging to the Club on that date.
(2)
If any question arises as to whether any particular property, fund or investment is held on trust for the Board, the matter is to be determined by the Minister and a certificate under the hand of the Minister is conclusive evidence of the matter certified in the certificate.
(3)
The Board may grant to the Singapore Turf Club out of the funds deemed to be held by the Club on trust for the Board such sums of money as the Board may determine to enable the Club to meet the expenses of carrying out its operations and to maintain or improve its facilities and for such other purpose as the Board thinks fit.[22