rangement of Provisions

1. Short title and commencement 2. Section 2 amended 3. Section 23 amended
4. New section 88A added
5. Section 92 amended

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2015, No. 14

AN ACT to amend the Casino and Gambling Control Act
2010 (“principal Act”). [27th
April 2015]


BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be cited
as the Casino and Gambling Control Amendment Act 2015.
(2) This Act commences on the date of assent by the Head of
State.

2. Section 2 amended - For section 2 of the principal Act
insert the following definitions in their alphabetical positions:

““interactive gaming licence” means a licence for
interactive gaming issued under section 88A;


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“interactive gaming product” means a device, software or
any other digital or computer based system hardware
used for interactive gaming;
“interactive gaming service” means a gambling service
that is provided in the course of carrying on a business
and the service is provided to customers using any of
the following -
(i) an internet carriage service;
(ii) a broadcasting service;
(iii) any other content service;
(iv) a datacasting service; or
(v) any other type of carriage service.
“telecommunication device” means:
(a) a computer adapted for communicating by way of
the internet or another communications
network; or
(b) a television receiver adapted to allow the viewer to
transmit information by way of a cable
television network or other communications
device; or
(c) a telephone; or
(d) any other electronic device or thing used -
(i) for communicating at a distance; or
(ii) for any telecommunication services
as defined in the Telecommunications Act
2005.”.

3. Section 23 amended - For the principal Act, in section 23,
for subsection (2) substitute:

“(2) A casino licence authorises the holder of the casino
licence to open and operate subject to subsection (3) one (1)
casino.
(3) The Authority may, on application in the form
approved by the Authority, authorise the holder of the casino
licence to operate from a second venue subject to terms and
conditions and to the additional prescribed fee.”.


2015, No. 14 Casino and Gambling Control Amendment 3

4. New section 88A added - Before section 89 of the
principal Act insert:

“88A. Interactive Gaming-(1) Subject to this section, a
person may apply to the Chief Executive Officer, in the
prescribed form and together with the prescribed fee, for an
interactive gaming licence authorising the person to conduct
interactive gaming by means of the internet, subject to any
conditions of the licence imposed by the Authority.
(2) A game is an interactive game if:
(a) a prize consisting of money or something else of
value is offered or can be won under the rules
of the interactive game; and
(b) a player -
(i) enters the interactive game or takes
any step in the interactive game by means
of a telecommunications device; and
(ii) gives, or undertakes to give, a
monetary payment or other valuable
consideration to enter the interactive game;
and
(c) the winner of a prize in the interactive game is
decided -
(i) wholly or partly by chance; or
(ii) by a competition or other activity in
which the outcome is wholly or partly
dependant on the player’s skill.
(3) Subject to subsection (4), betting on a race event,
sporting event or any other event by means of a
telecommunications device is taken to be an interactive game.
(4) A game is not an interactive game if it is prescribed
not to be an interactive game.
(5) The Chief Executive Officer may enter into and
approve an agreement or arrangement with a person who is
offering or intending to sell an interactive gaming product or
service under that person’s interactive gaming licence, subject
to conditions of the licence imposed by the Authority under
subsection (1).


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(6) An agreement or arrangement made under subsection
(5) is effective from the date it is approved by the Chief
Executive Officer.
(7) A person who undertakes interactive gaming contrary
to subsection (1) commits an offence and is liable on
conviction to a fine not exceeding 500 penalty units.”.

5. Section 92 amended - In section 92(2) of the principal
Act, for “2 years” substitute “4 years”.

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The Casino and Gambling Control Amendment Act 2015
is administered by the Ministry of the Prime Minister.