rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3. Act binds Government
4. Objects

PART II
ADMINISTRATION

Division 1 – Gambling
Control Authority

5. Establishment of the
Authority
6. Directions to Minister and
Authority
7. Functions of the Authority
8. Powers of the Authority
9. Membership of the Authority
10. Terms of office of members
11. Remuneration of members
12. Vacation of office
13. Vacancy not to affect powers
or functions
14. Disclosure of interests
15. Calling of meetings
16. Meetings of the Authority
17. Committees of the Authority
18. Delegation of powers
19. Annual reports
Division 2 – Chief Executive
Officer and Other Staff

20. Chief Executive Officer
21. Acting Chief Executive
Officer
22. Authority staff

PART III
CASINOS

Division 1 – Preliminary

23. Number of casino licences
24. Requirements for a casino
25. Authority may invite
expressions of interest
26. Authority may conduct
negotiations and enter into
agreements

Division 2 – Licensing of Casino

27. Grant of licence by the
Authority
28. Lawfulness of casino
operation
29. Application for a casino
licence
30. Suitability of casino licensee
31. Form of the casino licence
32. Duration of casino licence
33. Surrender of casino licence



2 Casino and Gambling Control 2010, No. 21
34. Suspension or cancellation of
casino licence - grounds
35. Suspension or cancellation of
casino licence procedures
36. Casino licence fee
37. Commission
38. Payment of fee and
commission where casino
licence suspended
39. List of persons excluded
from casino
40. Application of Liquor Act

Division 3 – General

41. Powers of officers
42. Investigations
43. Self incrimination
44. Secrecy

Division 4 – Operation of
Casino
45. Maintenance of facilities
46. Approval of layout
47. Approval of gaming
equipment and chips

Division 5 – Exclusion of
Persons from Casino
48. Entry to and exclusion of
entry from casino
49. Grounds
50. Enforcement
51. Obligations of casino
licensee
52. Directions of Commissioner
of Police
53. Revocation of direction
Division 6 - Gaming and
Related Activities

54. Authorised games
55. Gaming equipment and chips
56. Conduct of gaming
57. Gaming by certain persons
prohibited
58. Cheating
59. Forgery
60. Restriction on credit
61. Cheques
62. Deposit accounts
63. Redemption of cheques
64. Proceedings etc. in relation
to gaming

Division 7 – Search, Entry
and Seizure

65. Interpretation
66. Powers of officers in casino
67. Seizure of things not
specified in warrant
68. Consent relating to searches
69. Search warrants
70. Police entry
71. Special powers of officers
and police officers
72. Restrictions affecting search
of persons
73. Disposal of gaming
equipment etc. after seizure
74. Detention of suspected
person

Division 8 – Offences

75. Obstructing officer
76. Compliance with
requirement of officer
77. False information
78. False representation
79. Failure to provide
information
80. Conflict of interest
81. Bribery
82. Conduct of directors,
officers, employees and
agents



2010, No. 21 Casino and Gambling Control 3
Division 9 – Financial

83. Bank accounts
84. Access to banking records
85. Accounts and records
86. Statement of accounts
87. Audit
88. Retention of records

Division 10 – Miscellaneous

89. Regulations 90. Consequential Amendment
91. Amendment to Value Added
Goods and Services Tax Act
1992/1993

____________

2010, No. 21

AN ACT to establish the Gambling Control Authority and,
for the promotion of tourism to provide for the licensing
of casinos and control of their operation, and for other
forms of gambling, and for related purposes.
[19th
October 2010]

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

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as Casino and Gambling Control Act 2010.
(2) This Act commences on a date or dates to be nominated
by the Minister.

2. Interpretation-(1) In this Act, unless the context
otherwise requires:
“authorised person” means:
(a) the Chief Executive Officer;
(b) an officer;
(c) an investigator; and
(d) any other person who performs in relation to this Act
a function on behalf of the Government or the
Authority.




4 Casino and Gambling Control 2010, No. 21

“authorised police officer”, in relation to a direction given
under section 52 or 53, means:
(a) the Commissioner of Police; and
(b) where the direction is given by a police officer
authorised by the Commissioner for the purpose
- that police officer.
“Authority” means the Gambling Control Authority
established by section 5;
“casino” means the areas of a hotel casino complex
identified in the licence as the areas of the casino;
“casino gaming” means the playing of any game of chance
in a casino whether played by any gaming machine or
otherwise;
“chips” means any tokens used or capable of being used in a
casino in the conduct of gaming in the place of money
and approved for the purpose by the Authority;
“gaming equipment” means any electrical, electronic or
mechanical device or any other thing (other than chips)
used, or suitable for use, in connection with gaming;
“Government” means the Government of the Independent
State of Samoa;
“government agency” means a department or ministry of the
Public Service or an office, entity or instrument of the
Government;
“hotel” has the same meaning as “Hotel” in section 7A of
the Income Tax Act 1974;
“investigator” means a person authorised under section 42
to conduct an investigation;
“junket” means an arrangement entered into between a
promoter and the casino licensee:
(a) the primary purpose of which is to induce a person or
persons to visit the casino for the purpose of
participating in gaming; and
(b) under which an amount exceeding the prescribed
amount is provided, directly or indirectly, for the
person or either or any of those persons by the
casino licensee in connection with the provision
of transportation, food, beverages, lodging or




2010, No. 21 Casino and Gambling Control 5

entertainment in respect of the visit or for any
other purpose associated with the visit.
“Minister” means the Minister responsible for administering
this Act;
“officer” means an officer appointed under section 22 and
includes the Chief Executive Officer.
(2) Meaning of significant influence in casino:
(a) a person has a significant influence in a casino if the
person -
(i) is or will be a director of the holder of,
or applicant for a casino licence; or
(ii) is or will be employed or engaged by
the holder of, or applicant for, a casino
licence as the chief executive or a senior
manager of the casino; or
(iii) owns or will own shares, directly or
indirectly, in the holder of, or applicant for, a
casino licence that confer control of 20% or
more of the voting rights of shareholders of
any class in the holder or applicant;
(b) a significant influence in a casino includes any
influence that the Authority considers to be
a significant interest in the management,
ownership, or operation of a casino, however
acquired or to be acquired;
(c) paragraph (a) does not limit what the Authority
considers to be a significant influence under
paragraph (b).

3. Act binds Government - The Act binds the Government.

4. Objects - The objects of this Act are:
(a) to promote probity and integrity in gambling; and
(b) to maintain the probity and integrity of persons
engaged in gambling in Samoa; and
(c) to promote fairness, integrity and efficiency in the
operations of persons engaged in gambling in
Samoa; and



6 Casino and Gambling Control 2010, No. 21

(d) to reduce any adverse social impact of gambling; and
(e) to promote a balanced contribution by the gambling
industry to tourism and general community
benefit and amenity.

PART II
ADMINISTRATION

Division 1 – Gambling Control Authority
5. Establishment of the Authority-(1) The Gambling
Control Authority is hereby established.
(2) The Authority:
(a) is a body corporate; and
(b) shall have a common seal; and
(c) is capable of acquiring, holding and disposing of real
and personal property; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take
judicial notice of the common seal of the Authority affixed to a
document and shall presume that it was duly affixed.

6. Directions to Minister and Authority-(1) Subject to this
section, Cabinet may give written directions to the Minister and
the Authority on policies relating to any gambling activity and
the Minister and the Authority shall give effect to such
directions.
(2) The Minister may, after consultation with the Authority,
give directions and furnish guidelines to the Authority as to how
the Authority is to exercise any of its functions under this Act
but only if the Minister is of the opinion that the direction or
guideline:
(a) is necessary or desirable to protect the integrity or
apparent integrity of a gambling activity; or
(b) is otherwise in the public interest.
(3) Directions and guidelines issued under this section are
not to relate to:
(a) the determination of an application for any licence,
permit or other authority under this Act; or



2010, No. 21 Casino and Gambling Control 7

(b) any of the Authority’s functions relating to
disciplinary actions against licensees and permit
holders or disciplinary action against officers or
employees.
(4) The Authority is, in the exercise of its functions, subject
to the directions and guidelines given or furnished under this
section.
(5) Directions and guidelines under this section shall be in
writing.
(6) When the Minister gives a direction or furnishes a
guideline under this section, the Minister shall as soon as
practicable cause a copy of the instrument containing the
direction or guideline to be published in the Savali.
(7) Subsections (2) and (3) do not apply to directions as to
the requirements for casino, gaming machines in casinos and
directions the Minister gives to the Authority to invite
expressions of interest as provided for in section 25.
7. Functions of the Authority-(1) The Authority has the
following general functions:
(a) such functions as are necessary or convenient to
enable it to achieve its objects; and
(b) such other functions as are conferred or imposed on
it by or under this Act or any other law.
(2) Without limiting its general functions, the Authority has
the following specific functions:
(a) in relation to a casino -
(i) to invite expressions of interest for the
establishment and operation of casinos and
applications for casino licences and to
consider and determine those applications;
(ii) to keep under constant review all
matters connected with casinos and the
activities of casino operators, persons
associated with casino operators, and persons
who are in a position to exercise direct or
indirect control over the casino operators or
persons associated with casino operators;



8 Casino and Gambling Control 2010, No. 21

(iii) to approve the games to be played in
a casino and the rules under which such
games are played;
(iv) to approve gaming equipment for use
in a casino;
(v) to directly supervise and inspect the
operations of a casino and the conduct of
gaming in a casino;
(vi) to approve the operating times of a
casino;
(b) in relation to gaming machines for use in casinos, to
consider applications for, and where appropriate
grant, permits and licences under this Act and
otherwise to control the operation of gaming
machines as specified in this Act and any other
law;
(c) to consider and determine applications for other
licences, permits and other authorisations under
this Act;
(d) to do such things as it considers necessary or
desirable for the proper regulation and control, in
the interests of the public, of gambling;
(e) to investigate and make recommendations to the
Minister on matters relating to the administration
or operation of this Act;
(f) to undertake research and investigations into matters
relating to gambling control, including the
probity and financial security of organisations
and persons involved in the business of
gambling;
(g) to liaise with other gambling control agencies on
matters relating to the administration, operation
or control of gambling;
(h) to monitor the implementation of guidelines for
gambling control;
(i) to review and determine complaints relating to the
administration of gambling control;



2010, No. 21 Casino and Gambling Control 9

(j) to undertake research into the problems associated
with gambling activities including the social and
economic impact of gambling on individuals,
families and the communities at large; and
(k) to promote community awareness and education in
respect of problem gambling and the provision
of counselling, rehabilitation and support
services for problem gamblers and their families;
and
(l) to advise the Minister on matters relating to gambling
control.

8. Powers of the Authority-(1) The Authority has power to
do all lawful things necessary or convenient to be done for or in
connection with, or incidental to, the performance of its
functions under this or any other Act.
(2) Without limiting its powers, the Authority has the
following specific powers in relation to all forms of gambling
permitted under this Act:
(a) ensuring that the management and operation of all
forms of gambling remain free from criminal
influence or exploitation;
(b) ensuring that all forms of gambling are conducted
honestly; and
(c) containing and controlling the potential of all forms
of gambling to cause harm to the public interest
and to individuals and families.
9. Membership of the Authority - The members of the
Authority shall be appointed by the Head of State, acting on the
advice of Cabinet and shall comprise:
(a) the Chairperson who shall have an accounting
qualification and experience in accounting; and
(b) the Attorney General;
(c) the Chief Executive Officer of the Ministry of
Finance;
(d) one (1) member who shall be an experienced
practitioner under the Law Practitioners Act
1976;



10 Casino and Gambling Control 2010, No. 21

(e) one (1) member nominated by the Samoa National
Council of Churches; and
(f) one (1) member nominated by the Samoa Chamber of
Commerce & Industry (Incorporated); and
(g) one (1) member representing the interests of women
and children; and
(h) one (1) member representing the interests of sports.
10. Terms of office of members - Every member, other
than an ex officio member, appointed under section 9 shall hold
office for the term stated in the instrument of appointment or
until replaced in accordance with this Act.

11. Remuneration of members - Every member shall be
paid such remuneration and allowances as may be fixed by
Cabinet.

12. Vacation of office-(1) A member may resign his or her
office by writing under his or her hand and addressed to the
Minister, the resignation to take effect, if no date is specified in
the letter of resignation, on acceptance by the Minister.
(2) Where a member of the Authority:
(a) becomes permanently incapable of performing his
duties;
(b) resigns his office in accordance with subsection (1);
(c) absent himself from three (3) consecutive meetings
of the Authority except with the written consent
of the Minister;
(d) fails to comply with any provision of this Act;
(e) becomes bankrupt, or applies to take the benefit of
any law for the benefit of bankrupt or insolvent
debtors, compounds with his creditors or makes
an assignment of his remuneration for their
benefit; or
(f) is convicted of an offence punishable under a law by
a term of imprisonment for one (1) year or
longer, and, as a result of the conviction, is
sentenced to imprisonment,



2010, No. 21 Casino and Gambling Control 11

the Head of State, acting on the advice of Cabinet, shall
terminate his or her appointment.
(3) The Minister may, at any time, by written notice, advise
a member that the Minister intends to recommend termination
of the member’s appointment on the grounds of inefficiency,
incapacity or misbehaviour.
(4) Within 14 days of the receipt of a notice under
subsection (3), the member may reply in writing to the Minister,
who shall consider the reply, and, where appropriate, make a
recommendation for the termination of the appointment.
(5) The Head of State shall, by instrument, terminate a
member’s appointment on the advice of Cabinet given after
considering a recommendation from the Minister to terminate
the member’s appointment.
(6) Where the member referred to in subsection (3) does not
reply in accordance with subsection (4), the Minister may
recommend to Cabinet to terminate the member’s appointment.
13. Vacancy not to affect powers or functions - The
exercise of a power or the performance of a function of the
Authority is not invalidated by reason only of a vacancy in the
membership of the Authority.

14. Disclosure of interests-(1) A member who has a direct
or indirect interest in a matter being considered or about to be
considered by the Authority, otherwise than a member who has
less than a controlling or majority shareholding of an
incorporated company, shall, as soon as possible after the
relevant facts have come to his knowledge, disclose the nature
of the interest at a meeting of the Authority.
(2) A disclosure under subsection (1) shall be recorded in
the minutes of the meeting of the Authority and, unless the
Authority determines otherwise, the member:
(a) shall not be present during any deliberation of the
Authority with respect to that matter;
(b) shall not take part in any decision of the Authority
with respect to that matter; and



12 Casino and Gambling Control 2010, No. 21

(c) shall be disregarded for the purpose of constituting a
quorum of the Authority for such deliberation or
decision.
(3) The Authority shall cause particulars of any disclosure
recorded under subsection (2) to be made available at all
reasonable hours for inspection by any person on payment of
such fees as the Authority may, from time to time, determine.

15. Calling of meetings-(1) The Authority shall meet as
often as the business of the Authority requires, and at such
times and places as the Authority determines, or as the
Chairperson directs, but in any event shall meet not less
frequently than once in every three (3) months.
(2) Where the Chairperson receives a request to do so by not
less than three (3) members, the Chairman shall convene a
meeting of the Authority within 14 days.
(3) For the purposes of subsection (1), the Chairperson shall
give to every member at least seven (7) days’ notice of the
meeting.

16. Meetings of the Authority-(1) At any meeting five (5)
members shall form a quorum.
(2) The Chairperson shall preside at every meeting at which
he or she is present.
(3) If the Chairperson is for any reason absent from a
meeting, the members present shall elect one (1) of the
members to preside at that meeting.
(4) At every meeting, the Chairperson or other person
presiding shall have a deliberative vote, and in the case of an
equality of votes, the Chairperson shall also have a casting vote.
(5) Every question arising at a meeting shall be decided by a
majority of the votes.
(6) Subject to the other provisions of this Act, the Authority
may regulate its procedure in such manner as the Authority
thinks fit.



2010, No. 21 Casino and Gambling Control 13

17. Committees of the Authority-(1) To assist the
Authority to discharge its functions, the Authority may appoint
such advisory, audit, regulatory and technical committees as it
determines, and the Authority may:
(a) determine the functions of the committees; and
(b) delegate to the committees such powers of the
Authority as are necessary for the committees to
perform their functions.
(2) Members of committees appointed under subsection (1)
may include members of the Authority, staff of the Authority
and such other persons as the Authority considers appropriate
for the committees to perform their functions.
(3) Members appointed to a committee established under
subsection (1) may be paid fees, allowances and reimbursement
of expenses as determined by the Authority.
(4) Subject to the other provisions of this Act and to any
directions given to it by the Authority, every committee may
regulate its procedure in such manner as it thinks fit.

18. Delegation of powers-(1) The Authority may delegate
to any of its committees, or to the Chief Executive Officer, or to
any other officer of the Authority any of its powers under this
Act, except this power of delegation.
(2) Subject to any general or special directions given by the
Authority, any committee or person to whom any powers are so
delegated may exercise those powers in the same manner and
with the same effect as if they had been conferred directly by
this Act, and not by delegation.
(3) Every committee or person purporting to act under any
delegation under this section shall be presumed, until the
contrary is proved, to be acting in accordance with the terms of
the delegation.
(4) Every such delegation shall be revocable at will, and no
delegation shall prevent the exercise of any power by the
Authority itself.
(5) Until any delegation is revoked, it shall continue in force
according to its terms, even if there is any change in the
membership of the Authority, or of any committee of the
Authority.



14 Casino and Gambling Control 2010, No. 21

19. Authority monies and annual reports-(1) There are
payable to the Authority such monies as are appropriated by the
Legislative Assembly for the purposes of this Act.
(2) The Authority shall, by 31 October in each year, furnish
to the Minister a report on the progress and performance of the
Authority in relation to its functions for the year ending 30 June
previously.
(3) Annual reports shall include:
(a) audited financial statements prepared in accordance
with generally accepted accounting principles as
defined in the Public Finance Management Act
2001;
(b) an auditor’s report on the financial statements in
paragraph (a);
(c) details of all licences and permits granted during the
financial year to which the report relates
(including details of the conditions subject to
which the licence was granted);
(d) details of any changes to the conditions of a licence
made by the Authority during that year;
(e) details of any disciplinary action taken by the
Authority against any person during that year;
(f) details of any directions given by the Minister under
this Act;
(g) a summary of the outcome of any investigation or
review carried out by the Authority during that
year.
(4) Within 12 sitting days of receiving the annual report of
the Authority, the Minister shall lay the report before
Parliament.

Division 2 – Chief Executive Officer and Other Staff

20. Chief Executive Officer-(1) The Head of State, acting
on the advice of Cabinet, shall appoint a Chief Executive
Officer of the Authority:
(a) for such period as may be specified in the
appointment, which may not exceed three (3)
years;



2010, No. 21 Casino and Gambling Control 15

(b) and on such other terms and conditions as are
approved by Cabinet or the Authority.
(2) The Chief Executive Officer shall be the administrative
head of the Authority and shall be responsible to the Authority
for the effective and efficient management of the Authority, and
for the execution of the Authority’s functions including
collection of fees and commissions and levies under this Act.
(3) The Chief Executive Officer may be removed from
office by a decision of Cabinet to that effect.
(4) In carrying out his or her duties, the Chief Executive
Officer shall follow any general or special directions given by
the Authority.
(5) The Chief Executive Officer is eligible for
re-appointment.
(6) All remuneration and other allowances and expenses
payable to the Chief Executive Officer shall be in accordance
with any approved policy of Cabinet applying from time to
time, and shall be paid out of the funds of the Authority.
(7) The Chief Executive Officer shall not engage in any
other business or occupation without the prior written consent
of the Authority.

21. Acting Chief Executive Officer-(1) The Authority may
on such terms and conditions as it specifies, appoint a suitable
person to be the Acting Chief Executive Officer of the
Authority during any temporary vacancy in the office of Chief
Executive Officer, or while the Chief Executive Officer is for
any reason unable to carry out the duties of the office.
(2) During any such vacancy in office or incapacity of the
Chief Executive Officer, the person appointed to be the Acting
Chief Executive Officer may exercise all the functions and
powers of the Chief Executive Officer, and shall perform all the
duties of the office.

22. Authority staff-(1) The Authority may appoint such
other officers and employees of the Authority as it may consider
necessary for the purposes of carrying out of the Authority’s
functions.



16 Casino and Gambling Control 2010, No. 21

(2) Officers may be engaged under contract for fixed
periods or appointed to hold office in accordance with policies
of employment and terms and conditions approved by the
Authority.
(3) An officer may at any time enter and remain on the
premises of a casino for the purposes of:
(a) viewing gambling;
(b) observing any of the operations of the casino;
(c) ascertaining whether the operation of the casino is
being properly conducted, supervised and
managed;
(d) ascertaining whether the provisions of this Act are
being complied with; and
(e) in any other respect, exercising his or her powers or
performing his or her duties.

PART III
CASINOS

Division 1 – Preliminary

23. Number of casino licences-(1) Cabinet, on the
recommendation of the Minister, may determine the number of
casino licences that may be in force under this Act at any
particular time but there shall not be more than two (2) licences
for the first 10 years after the coming into operation of this Act.
(2) A casino licence is to apply to one (1) casino only.

24. Requirements for a casino-(1) Casino gaming shall
only be permitted in areas of a hotel-casino complex identified
in a licence issued by the Authority.
(2) No person shall permit or cause casino gaming to take
place in any premises unless such person is the holder of a
licence issued by the Authority.
(3) No person other than a foreign passport holder who is a
residential guest of the hotel casino complex or of another hotel
has a right to enter, remain or participate in casino gaming,
other than an officer who may enter and remain when
performing duties of his or her employment.



2010, No. 21 Casino and Gambling Control 17

(4) The Authority may determine any of the following
matters:
(a) the permissible location for a casino;
(b) the required size and style of a casino;
(c) the development required to take place in
conjunction with the establishment of a casino
including the requirement for a hotel of which a
casino is to form part;
(d) any other prescribed matter concerning the
establishment of a casino.
25. Authority may invite expressions of interest-(1) At
the direction of the Minister, the Authority shall publicly invite
expressions of interest for the establishment and operation of a
casino.
(2) An invitation under subsection (1):
(a) shall provide information concerning the
requirements for the establishment and operation
of the proposed casino; and
(b) shall contain such other matters that the Authority
considers relevant.
(3) The Authority may charge a fee for any expression of
interest made under this section.

26. Authority may conduct negotiations and enter into
agreements-(1) With the approval of the Minister, the
Authority may conduct negotiations and enter into agreements
on behalf of the Government for or in connection with the
establishment and operation of a casino and any development of
which a casino or proposed casino forms part.
(2) An agreement made under this section may contain only
terms not inconsistent with this Act that are approved by the
Minister on the recommendation of the Authority.
(3) An agreement made under this section may provide that
all or specified obligations imposed by the agreement are to be
considered to be conditions of the relevant casino licence and
such a provision has effect accordingly.
(4) An assignment or encumbrance of the rights and
obligations conferred or imposed by an agreement made under



18 Casino and Gambling Control 2010, No. 21

this section is void unless the Minister, on the recommendation
of the Authority, consents to the assignment or encumbrance
and any conditions subject to which the consent is given are
complied with.
(5) The Minister may, on the recommendation of the
Authority, vary or revoke a consent given under subsection (4).

Division 2 – Licensing of Casino

27. Grant of licence by the Authority - The Authority
may, subject to the provisions of this Act, grant any person a
licence for the operation of a casino in Samoa.
28. Lawfulness of casino operation-(1) Notwithstanding
any other law but subject to the provisions of this Act, it shall
be lawful for a casino licensee to operate a casino in Samoa.
(2) The casino shall not be deemed to be a public or private
nuisance by reason only that it is used as a gaming house.
(3) A person shall not except against a licensee institute
legal proceedings to recover:
(a) money won in the course of gaming in the casino;
(b) money, on a cheque or other instrument, given in
payment of money so won; or
(c) a loan of money with which to play a game in the
casino,
that could not be instituted if this Act had not been enacted.

29. Application for a casino licence - Every application
for a casino licence shall be made to the Authority in a form
approved by the Authority.

30. Suitability of casino licensee-(1) Prior to a casino
operation agreement being entered into, the Authority shall be
satisfied that the applicant and persons with a significant
influence are suitable.
(2) In considering whether an applicant or person with a
significant influence is suitable, the Authority must take into
account the following matters:



2010, No. 21 Casino and Gambling Control 19

(a) the honesty of the applicant or person with a
significant influence, including -
(i) whether the applicant or person with a
significant influence has been convicted of a
relevant offence; and
(ii) whether the applicant or person with a
significant influence has been disciplined by
a professional body for ethical misconduct;
and
(iii) whether the applicant or person with
a significant influence has been disciplined in
any way during previous involvement with a
casino; and
(iv) any other matters raised in the police
report, and the report of any government
agency to which the application is referred,
provided under subsection (3); and
(b) the financial position of the applicant or person with
a significant influence, including -
(i) whether the applicant or person with a
significant influence has ever been adjudged
bankrupt; and
(ii) whether the applicant or person with a
significant influence has been directly
involved in the management of a company
that went into receivership or liquidation; and
(iii) whether the applicant or person with
a significant influence has sufficient financial
resources; and
(c) the business skills of the applicant or person with a
significant influence, including -
(i) whether the applicant or person with a
significant influence has sufficient business
management experience; and
(ii) whether the applicant or person with
a significant influence has sufficient
experience in casino operation or the
operation of similar ventures; and



20 Casino and Gambling Control 2010, No. 21

(iii) whether the applicant or person with
a significant influence has qualifications
relevant to the operation of a casino; and
(d) the management structure of the applicant,
including -
(i) whether that structure is suitably
arranged for effective compliance with this
Act; and
(ii) the nature of all relevant interests in
the financial and management structure of
the applicant; and
(iii) whether all such interests encourage
the applicant’s effective compliance with the
Act; and
(e) any other matter the Authority considers relevant.
(3) On receiving an application for a casino licence, the
Authority must investigate the applicant and persons with a
significant influence.
(4) Without limiting subsection (3), the Authority:
(a) may require the applicant and persons with a
significant influence to consent to having their
photograph and fingerprints taken; and
(b) may require the applicant and persons with a
significant influence to provide further
information; and
(c) must refer a copy of the application, and any
photographs, fingerprints, or other information
obtained in the investigation, to the
Commissioner of Police and any government
agency that the Authority considers relevant.
(5) The Commissioner of Police and any government
agency to whom the application is referred must inquire into,
and report to the Authority on the applicant and persons with a
significant influence.
(6) The Authority may refuse to grant a casino licence if the
applicant or persons with a significant influence fail to provide
information requested by the Authority or refuse to have
fingerprints or a photograph taken.



2010, No. 21 Casino and Gambling Control 21

(7) Fingerprints and photographs provided by the Authority
to the Commissioner of Police or other government agency
must be returned to the Authority for destruction under
subsection (8).
(8) Fingerprints and photographs required by the Authority
must be destroyed immediately after the Authority has made a
decision as to whether or not to grant a casino licence.

31. Form of the casino licence-(1) A licence granted under
section 27 shall be in the prescribed form and shall specify:
(a) the date of its issue;
(b) the date of its expiration;
(c) the name of the casino licensee;
(d) address in Samoa specified by the licensee for the
service of documents on the licensee;
(e) address of the casino;
(f) those areas constituting the casino;
(g) such other particulars relating to the casino as the
Authority considers necessary; and
(h) such other particulars as are prescribed; and
(i) shall be subject to the terms and conditions specified
in the agreement, if any, referred to in section 26,
where the Authority makes a decision refusing to grant a casino
licence, the Authority shall give to the applicant notice in
writing of the decision, and grounds for that decision.
32. Duration of casino licence - A casino licence remains
in force until the expiration of the date specified in the licence
as the date of expiration of the licence:
(a) unless it is sooner surrendered or cancelled; and
(b) except while it is suspended;
(c) under this Act.

33. Surrender of casino licence-(1) A casino licensee may
surrender the casino licence at any time.
(2) The casino licensee may not surrender the casino licence
if there is an amount payable by the licensee to the Authority
under section 36 or section 37.



22 Casino and Gambling Control 2010, No. 21

34. Suspension or cancellation of casino licence -
grounds-(1) The Authority may suspend or cancel the casino
licence where:
(a) the casino licensee is convicted of any offence under
this Act;
(b) the casino licensee is convicted of an offence
punishable by not less than two (2) years
imprisonment;
(c) the casino licensee contravenes a provision of this
Act;
(d) the casino licensee fails to comply with any term or
conditions of the casino operation agreement, if
any;
(e) the casino licensee contravenes a requirement by the
Authority in relation to a matter of foreign
investment;
(f) the casino licensee knowingly or recklessly supplies
to the Authority, officer or any other person who
performs in relation to this Act a function on
behalf of the Government, information that is
false or misleading in a material particular;
(g) the casino licensee fails to meet the licensee’s
financial commitments when they become due
and payable;
(h) proceedings to wind up the casino licensee are
instituted;
(i) the Authority is satisfied that the casino licensee is
not, or has ceased to be, a suitable person to be
the licensee having regard to the requirements
specified in section 30(2).
(2) Notwithstanding any other provision of this Act, the
Authority may, where it is satisfied that it is in the public
interest to do so:
(a) suspend the casino licence for such period as the
Authority thinks fit; or
(b) cancel the casino licence.



2010, No. 21 Casino and Gambling Control 23

35. Suspension or cancellation of casino licence
procedures-(1) Where the Authority decides to suspend or
cancel a casino licence, the Authority, by notice in writing, shall
request the casino licensee to show cause, within such period
(being not less than 21 days after the issue of the notice) as is
specified in the notice, why the casino licence should not be
suspended, or cancelled, as the case may be.
(2) A notice under subsection (1) shall specify the ground
for its issue.
(3) The Authority, shall have regard to any response made
under subsection (1) and:
(a) where the matter is resolved to its satisfaction, shall
take no further action;
(b) where the matter is not resolved to its satisfaction but
the Authority considers that action to suspend or
cancel the casino licence is not warranted, may,
in writing, caution the casino licensee; or
(c) where the matter is not resolved to its satisfaction
and the Authority is satisfied that further action
is warranted, may -
(i) by notice in writing, give such
direction as the Authority considers
appropriate; or
(ii) suspend for such period as the
Authority thinks fit, or cancel, the casino
licence.
(4) Where a direction given by the Authority under
subsection (3)(c)(i) is not complied with within the time
specified in the notice, the Authority may suspend for such
period as the Authority thinks fit, or cancel, the casino licence.
(5) Where a casino licence is suspended under this Division,
the Authority may, by notice in writing given to the casino
licensee, at any time terminate, or reduce the period of, the
suspension of the licence.
(6) Where a casino licence is suspended or cancelled under
this Division, the Authority shall, by notice in writing, inform
the casino licensee of the suspension or cancellation and of the
grounds for the suspension or cancellation.



24 Casino and Gambling Control 2010, No. 21

36. Casino licence fee - The prescribed fee shall be paid by
the licensee to the Authority on the issue of the casino licence
and on the first day of each subsequent year during the currency
of the licence:
(a) a daily penalty at the rate of 20 percent per annum
shall be payable by the casino licensee on any
principal amount of the casino licence fee that
remains unpaid after the fourteenth day after the
relevant time for payment of the fee;
(b) the daily penalty payable under subsection (2)
compounds at three (3) monthly intervals;
(c) the Authority may, for any reason the Authority
thinks fit, remit any part, or the whole, of the
daily penalty payable under this section;
(d) the casino licence fee and daily penalty payable
under this section are debts due to the State and
may be recovered by action in any court of
competent jurisdiction.

37. Commission-(1)(a) The casino licensee shall pay
commission on the gross profit derived in each
month in connection with the operation of the
casino.
(b) The commission payable under paragraph (a) shall
be a sum equivalent to 15 percent or such other
rate as the Authority shall determine from time
to time of the gross profit and shall be paid into a
sports fund, designated by the Authority.
(2) The commission is payable to the Authority by the
casino licensee on or before the last working day of each month
following the month in respect of which the gross profit was
made.
(3) For the purposes of subsection (1) the “gross profit”
derived in any month from gaming shall be calculated:
(a) by deducting from the total amount received by the
casino licensee in that month from gaming in the
casino the amount paid out during that month as
winnings in respect of the gaming; and




2010, No. 21 Casino and Gambling Control 25

(b) if the value of unredeemed chips at the end of that
month is greater than the value of unredeemed
chips at the beginning of that month by adding to
the amount so ascertained under paragraph (a)
the difference between those values; or
(c) if the value of unredeemed chips at the end of that
month is less than the value of unredeemed chips
at the beginning of that month, by deducting
from the amount so ascertained the difference
between those values.
38. Payment of fee and commission where casino licence
suspended - The liability of the casino licensee to pay the
casino licence fee or the commission is not affected by a
suspension of the casino licence and:
(a) that fee continues to be payable by the casino
licensee to the Authority in respect of any period
of suspension of the licence; and
(b) that commission continues to be payable by the
casino licensee to the Authority.

39. List of persons excluded from casino-(1) The casino
licensee shall maintain, in writing, a list of names of persons in
respect of whom directions to exclude the persons from the
casino are in force under section 52(1).
(2) The casino licensee shall make available to the Authority
and the Chief Executive Officer a copy of the list referred to in
subsection (1).
(3) Any person who contravenes or fails to comply with the
provisions of this section shall be guilty of an offence and shall
be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 125 penalty units;



26 Casino and Gambling Control 2010, No. 21

(b) if the offender is a natural person, to a fine not
exceeding 25 penalty units.

40. Application of Liquor Act - Except as otherwise
provided by this Act, the Liquor Act 1971 applies in relation to
the casino.

Division 3 - General
41. Powers of officers-(1) An officer may:
(a) require a person whom the officer believes, on
reasonable grounds, has in the person’s
possession or under the person’s control any
gaming equipment or chips -
(i) to produce the equipment or chips to
the officer for inspection or testing; or
(ii) to attend before the officer at a
reasonable time and place specified by the
officer and there to answer such questions, or
to supply such information, relating to the
equipment or chips as the officer specifies;
(b) require a person -
(i) to produce to the officer for inspection
such records in the custody or control of the
person relating to the casino or the operation
of the casino as the officer specifies; or
(ii) to attend before the officer at a
reasonable time and place specified by the
officer and there to answer such questions, to
supply such information, or to produce such
records, relating to the casino or the
operation of the casino, as the officer
specifies;
(c) inspect or test any gaming equipment or chips or
inspect such records, and take copies of, or make
notes in relation to, such records, relating to the
casino or the operation of the casino, as the
officer specifies;



2010, No. 21 Casino and Gambling Control 27

(d) direct the casino licensee not to use any gaming
equipment or chips that the officer considers to
be unsatisfactory for use;
(e) receive and, if the officer thinks fit, investigate a
complaint with respect to any aspect of the
operation of the casino and advise the
complainant of the results of any investigation;
and
(f) call to the officer’s assistance -
(i) another officer; or
(ii) a casino employee who, in the belief
of the officer, is competent to assist the
officer in the exercise of his or her powers or
performance of his or her duties.
(2) A requirement under subsection (1)(a) or (1)(b) or a
direction under subsection (1)(d) may be made to a person:
(a) by notice in writing; or
(b) where the officer is satisfied that special
circumstances make it appropriate orally.
42. Investigations-(1) For the purposes of this Act, the
Authority may, by instrument, authorise the Chief Executive
Officer, an officer or another person to conduct an investigation
in relation to a matter specified in the instrument, other than a
matter involving the commission or the possible commission of
an offence against this Act or another law in force in Samoa.
(2) For the purpose of conducting an investigation, an
investigator may, by notice in writing, after giving to a person
warning of the obligation to comply with the requirement,
require that person within such period of not less than 21 days
as is specified in the notice:
(a) to furnish to the investigator, orally or in writing,
such information as is specified in the notice;







28 Casino and Gambling Control 2010, No. 21

(b) to produce to the investigator such documents in the
custody or control of the person, containing
records relating to the casino or the operation of
the casino as are specified in the notice;
(c) to produce to the investigator such other document in
the custody or control of the person as is
specified in the notice; or
(d) to answer, orally or in writing, such question as is
specified in the notice,
to enable the investigation to be properly conducted.
(3) An investigator may:
(a) inspect a document produced under subsection (2);
and
(b) make copies of, or take extracts from, such parts of
the document as are relevant to a matter the
subject of the investigation.
(4) A person shall not, without reasonable excuse:
(a) refuse or fail to comply with a requirement made of
that person under subsection (2) to the extent that
the person is capable of complying with that
requirement; or
(b) in purported compliance with such a requirement,
knowingly or recklessly furnish information or
give an answer that is false or misleading in a
material particular.
(5) Any person who contravenes or fails to comply with the
provisions of this section shall be guilty of an offence and shall
be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units.

43. Self incrimination - A person shall not be excused from
furnishing information, producing a document or answering a
question pursuant to a requirement made of the person under
section 42(2) on the ground that the information or answer, or



2010, No. 21 Casino and Gambling Control 29

the production of the document, may tend to incriminate the
person; but any information furnished, document produced or
answer given pursuant to a requirement under that subsection,
and any information or thing (including any document) obtained
as a direct or indirect consequence of the furnishing of the
information, production of the document or answering of the
question, as the case may be, shall not be admissible in evidence
against the person in any criminal or civil proceedings.

44. Secrecy-(1) Subject to subsection (3), a person shall not,
directly or indirectly, except in the performance of duties or
exercise of powers under this Act, make a record of, or divulge
to any person, any information with respect to the affairs of
another person acquired by the first-mentioned person in the
performance of those duties or exercise of those powers.
(2) Subject to subsection (5), a person shall not, except for
the purposes of this Act, be required:
(a) to produce in court a document that has come into his
or her possession or under his or her control; or
(b) to divulge to a court any information that has come
to his or her notice,
in the performance of duties or exercise of powers under this
Act.
(3) A person may:
(a) divulge specified information to such persons as the
Authority directs if the Authority certifies that it
is necessary in the public interest that the
information should be so divulged;
(b) divulge information to a prescribed authority or
prescribed person; or
(c) divulge information to a person who is expressly or
impliedly authorised by the person to whom the
information relates to obtain it.
(4) An authority or person to whom information is divulged
under subsection (3), and a person or employee under the
control of that authority or person, shall, in respect of that
information, be subject to the same rights, privileges,
obligations and liabilities under this section as if that authority,
person or employee were a person performing duties under this



30 Casino and Gambling Control 2010, No. 21

Act and had acquired the information in the performance of
those duties.
(5) Where:
(a) the Authority certifies that it is necessary in the
public interest that specified information should
be divulged to a court; or
(b) a person to whom information relates has expressly
authorised it to be divulged to a court,
a person may be required:
(c) to produce in court any document containing the
information; or
(d) to divulge the information to the court.
(6) Any person who contravenes or fails to comply with the
provisions of subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding 50 penalty
units or to imprisonment for a term not exceeding 12 months or
to both such fine and imprisonment.

Division 4 – Operation of Casino

45. Maintenance of facilities - The casino licensee shall:
(a) maintain the facilities and amenities of the casino in
such a condition as will promote the satisfaction
of patrons;
(b) ensure that the casino is at all times properly and
competently conducted;
(c) ensure that all casino installations, equipment and
procedures for security are available and are
tested, used, operated and applied effectively;
and
(d) ensure the gaming equipment and chips approved by
the Authority for use in the casino are
maintained in good order and condition.

46. Approval of layout-(1) The casino licensee shall not
operate the casino unless the layout of the casino is in
accordance with plans and diagrams approved by the Authority.
(2) The casino licensee shall submit, for the approval of the
Authority:



2010, No. 21 Casino and Gambling Control 31

(a) plans and diagrams of the layout of the casino; and
(b) where it is proposed to vary the layout of the casino,
plans and diagrams of the proposed variation.
(3) The Authority may, by notice in writing, require the
casino licensee to supply such further particulars or documents,
or to answer such questions, relating to plans and diagrams
submitted to the Authority under this section as are specified in
the notice.
(4) The Authority shall not approve plans and diagrams
under this section unless the layout of the casino as shown on
the plans and diagrams complies with the requirements of the
regulations.
(5) Any person who contravenes or fails to comply with the
provisions of subsection (1) shall be guilty of an offence and
shall be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units.

47. Approval of gaming equipment and chips - The
Authority may approve gaming equipment and chips for use in
the casino.

Division 5 – Exclusion of Persons from Casino

48. Entry to and exclusion of entry from casino-(1) No
person shall have a right as against the casino licensee to enter,
or remain in, the casino.
(2) The provisions of this Division shall not be deemed to
affect the operation of any other law of Samoa.
(3) The provisions of this Division shall not be deemed to
authorise the exclusion of an authorised person from the casino.
49. Grounds-(1) A person shall not enter the casino during
the hours of operation of the casino if the person:
(a) is requested by a casino employee not to enter the
casino on the ground that the person has
previously contravened the approved rules of



32 Casino and Gambling Control 2010, No. 21

an authorised game or rules of conduct in force
in the casino; or
(b) is a person in relation to whom a direction under
section 52(1) is in force; or
(c) does not have a right to enter under section 24(3).
(2) A person shall not enter the casino during the hours of
operation of the casino if the person:
(a) is under the age of 18 years; or
(b) is not permitted, by reason of a condition prescribed
by the Authority.
(3) A person shall not remain in the casino during the hours
of operation of the casino if the person:
(a) when requested to do so by a casino employee,
refuses or fails to produce evidence of his or her
age;
(b) has been requested by a casino employee to leave the
casino on the ground that the person -
(i) appears not to understand fully the
nature or consequences of gaming as it
relates to the application of the approved
rules of authorised games and the potential
for financial loss;
(ii) appears to be under the influence of
alcohol or a drug to the extent that the person
could not reasonably be expected to exercise
rational judgment while playing an
authorised game;
(iii) appears to be under the influence of
alcohol or a drug to the extent that the person
is affecting the orderly functioning of the
operations of the casino;
(iv) appears to be cheating, or attempting
to cheat, in the casino; or
(v) has previously contravened the
approved rules of an authorised game or rules
of conduct in force in the casino;
(c) is not permitted, by reason of a condition prescribed
by the Authority;



2010, No. 21 Casino and Gambling Control 33

(d) is a person in relation to whom a direction under
section 52(1) is in force; or
(e) does not have a right to remain under section 24(3).
(4) A person shall not, on being requested under subsection
(3)(a) to produce evidence of his or her age, produce evidence
that is false.
(5) A person is not prevented from entering, or being in, the
casino on the ground only that the person is under the age of 18
years if the person:
(a) is employed or permitted to work at the casino; or
(b) enters, or is in, the casino in the company of the
spouse or a parent of the person, being a spouse
or parent who is not less than 18 years of age -
(i) for the purpose of dining at a
restaurant in the casino; or
(ii) for a purpose connected with
entertainment at the casino that does not
involve playing or observing the playing of
an authorised game.
(6) Any person who contravenes or fails to comply with the
provisions of:
(a) subsection (1) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding 50
penalty units; or
(b) subsection (2) or subsection (4) shall be guilty of an
offence and shall be liable on conviction to a fine
not exceeding 25 penalty units.

50. Enforcement-(1) A person who is:
(a) a police officer;
(b) for the time being in charge of the casino; or
(c) an agent or employee of the casino licensee,
may, with such assistance as is necessary and reasonable and
using such force as is necessary and reasonable, cause another
person who, under section 49, may not enter, or remain in, the
casino:
(d) to be prevented from entering the casino; or



34 Casino and Gambling Control 2010, No. 21

(e) to be removed promptly from the casino,
as the case requires.
(2) Any person who, without reasonable excuse, obstructs or
hinders a person in the exercise of a power conferred on the
last-mentioned person under subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
25 penalty units or to imprisonment for a term not exceeding six
(6) months or to both such fine and imprisonment.

51. Obligations of casino licensee-(1) The casino licensee
shall not, knowingly or recklessly:
(a) permit to enter the casino a person who is not entitled
to do so by virtue of section 24(3) or section
49(1)(a) or section 49(2)(a); or
(b) fail to remove from the casino -
(i) a person in relation to whom a request
to leave the casino may be made by a casino
employee under subparagraphs (i), (ii), (iii)
or (iv) of section 49(3)(b); or
(ii) a person who is not entitled to remain
in the casino by virtue of section 24(3) or
section 49(3)(c).
(2) The casino licensee shall not refuse to permit a person to
enter, or be in, the casino on the ground only that the person is
under the age of 18 years if the person:
(a) is employed or permitted to work at the casino; or
(b) enters, or is in, the casino in the company of the
spouse or a parent of the person, being a spouse
or parent who is not less than 18 years of age -
(i) for the purpose of dining at a
restaurant in the casino; or
(ii) for a purpose connected with
entertainment at the casino that does not
involve playing or observing the playing of
an authorised game.
(3) Any person who contravenes or fails to comply with the
provisions of subsection (1) shall be guilty of an offence and
shall be liable on conviction:



2010, No. 21 Casino and Gambling Control 35

(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units.

52. Directions of Commissioner of Police-(1) The
Commissioner of Police, or a police officer authorised by the
Commissioner for the purpose, may, by notice in writing, direct
the casino licensee to exclude from the casino a person
specified in the notice.
(2) A direction under subsection (1) shall not be given in
respect of a person unless the authorised police officer believes,
on reasonable grounds, that the person is, or has been, engaged
in, or associated with persons engaged in, swindling, cheating
or any malpractice in gaming.
(3) Where a notice is given under subsection (1) to the
casino licensee, the authorised police officer:
(a) shall make available to the casino licensee a recent
photograph of the person specified in the notice;
(b) if it is not practicable to comply with paragraph (a) –
shall provide the casino licensee with such a
description of the person specified in the notice
as is sufficient to enable the casino licensee to
readily identify the person.
(4) Every casino licensee who, without reasonable excuse,
contravenes or fails to comply with a direction under subsection
(1), shall be guilty of an offence and shall be liable on
conviction:
(a) if such casino licensee is a body corporate, to a fine
not exceeding 500 penalty units; or
(b) if such casino licensee is a natural person, to a fine
not exceeding 100 penalty units.

53. Revocation of direction-(1) The Commissioner of
Police, or a police officer authorised by the Commissioner for
the purpose, may, upon application made to him or her by the
person in respect of whom a direction to the casino licensee was
given by an authorised police officer under section 52(1),
revoke the direction if the authorised police officer is satisfied



36 Casino and Gambling Control 2010, No. 21

that the person is a fit and proper person to be permitted to
enter, and participate in gaming in, the casino.
(2) The authorised police officer shall, as soon as
practicable after revoking a direction, notify, in writing, the
casino licensee and the person in respect of whom the direction
was given of the revocation.
(3) A revocation under subsection (1) shall be made by
instrument in writing.

Division 6 – Gaming and Related Activities
54. Authorised games-(1) The Authority may by regulation
approve any game as a game that may be conducted or played
in a casino pursuant to a casino licence.
(2) The regulations in respect of a game shall include an
account of the rules for the playing of the game.
(3) Rules for the playing of a game may be altered by
subsequent regulations.
(4) The reference in subsection (3) to an alteration of the
approved rules of a game shall be read as including a reference
to an omission from or an addition to those rules.
(5) The Authority shall, as soon as practicable, notify, in
writing, the casino licensee of:
(a) the rules approved by the Authority under which an
authorised game is to be played; and
(b) any alteration of the approved rules of an authorised
game.
(6) The casino licensee shall ensure that printed copies of
the approved rules of each authorised game conducted in the
casino are freely available to patrons of the casino.

55. Gaming equipment and chips-(1) A person, other than
a person authorised by the Authority, shall not, except while in
the casino, have in his or her possession any gaming equipment
or chips approved by the Authority for use in the casino.
(2) A person shall not exhibit or possess gaming equipment
or chips in the casino other than gaming equipment or chips
approved by the Authority for use in the casino.



2010, No. 21 Casino and Gambling Control 37

(3) Any person who contravenes or fails to comply with the
provisions of this section shall be guilty of an offence and shall
be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units or to imprisonment
for a term not exceeding 12 months or to both
such fine and imprisonment.
56. Conduct of gaming-(1) The casino licensee:
(a) shall cause all playing cards dealt in the course of
gaming in the casino to be dealt from a card
shoe;
(b) shall not issue, or cause or permit to be issued, any
chips for gaming in the casino unless the chips
are paid for in money to the face value of the
chips;
(c) shall not conduct an authorised game, or permit an
authorised game to be conducted, in the casino
otherwise than in accordance with -
(i) the approved rules for that game; and
(ii) any restriction or condition specified
in regulations made under section 54 in
relation to that game;
(d) shall not, in relation to the playing of an authorised
game, permit wagers to be placed in the casino
otherwise than by means of chips unless the
approved rules of the game require, or provide
for, the placing of wagers in money;
(e) shall cause all wagers won in the course of playing
an authorised game in the casino to be paid for in
full without deduction of any commission or
levy other than a commission or levy provided
for in the approved rules of that game;
(f) shall, during the times the casino is open to the public
for gaming, at the request of a patron of the
casino, cause -



38 Casino and Gambling Control 2010, No. 21

(i) chips to be exchanged for other chips;
or
(ii) chips to be redeemed for money of a
value equivalent to the face value of the
chips; and
(g) shall not require any deposit, charge, commission or
levy (whether directly or indirectly and whether
or not it is claimed to be refundable) to be paid
by a person for the person to enter the casino or,
except as may be provided by the approved rules
of a game, to take part in gaming in the casino.
(2) Every casino licensee who contravenes or fails to
comply with the provisions of subsection (1) shall be guilty of
an offence and shall be liable on conviction:
(a) if the casino licensee is a body corporate, to a fine
not exceeding 500 penalty units; or
(b) if the casino licensee is a natural person, to a fine not
exceeding 100 penalty units.

57. Gaming by certain persons prohibited-(1) An
authorised person shall not play a game in the casino except to
the extent that it may be necessary to do so:
(a) in the performance of his or her functions under this
Act;
(b) in the course of his or her employment; or
(c) the performance in relation to this Act of a function
on behalf of the State.
(2) A casino employee shall not solicit or accept any
gratuity, consideration or other benefit from a patron in the
casino.
(3) The casino licensee shall not knowingly permit a person
under the age of 18 years to play any game in the casino.
(4) A person under the age of 18 years who plays a game in
the casino is guilty of an offence punishable, on conviction, by a
fine not exceeding 250 penalty units.
(5) Any authorised person who contravenes or fails to
comply with the provisions of subsection (1) is guilty of an
offence and shall be liable on conviction to a fine not exceeding



2010, No. 21 Casino and Gambling Control 39

50 penalty units or to imprisonment for a term not exceeding 12
months or to both such fine and imprisonment.
(6) Every casino licensee who contravenes or fails to
comply with subsection (3) is guilty of an offence and shall be
liable on conviction:
(a) if the casino licensee is a body corporate, to a fine
not exceeding 500 penalty units; or
(b) if the casino licensee is a natural person, to a fine not
exceeding 100 penalty units or to imprisonment
for a term not exceeding two (2) years or to both
such fine and imprisonment.
58. Cheating-(1) A person shall not, in the casino,
dishonestly:
(a) by trick, device, sleight of hand or representation;
(b) by a scheme or practice;
(c) by the use of gaming equipment; or
(d) by the use of an instrument or article of a type used
in connection with gaming, or appearing to be of
a type used in connection with gaming, or of any
other thing,
obtain for himself or herself or another person, or induce a
person to deliver, give or credit to him or her or another person,
any money, chips, benefit, advantage, valuable consideration or
security.
(2) A person shall not use, or have in his or her possession,
in the casino:
(a) chips that the person knows are bogus or counterfeit
chips;
(b) cards, dice or coins that the person knows have been
marked, loaded or tampered with; or
(c) for the purposes of cheating or stealing, any
equipment, device or thing that permits or
facilitates cheating or stealing.
(3) Subsections (2)(a) and (2)(b) do not prohibit the
possession of a thing by a person in charge of the casino, an
agent or employee of the casino licensee, an inspector or a
police officer if that thing has been seized by any of those



40 Casino and Gambling Control 2010, No. 21

persons from another person for destruction or for use as
evidence in proceedings for any offence.
(4) Any person who contravenes or fails to comply with
subsection (1) is guilty of an offence and shall be liable on
conviction to a fine not exceeding 250 penalty units or to
imprisonment for a term not exceeding five (5) years or to both
such fine and imprisonment.
(5) Any person who contravenes or fails to comply with
subsection (2) is guilty of an offence and shall be liable on
conviction to a fine not exceeding 120 penalty units or to
imprisonment for a term not exceeding two (2) years or to both
such fine and imprisonment.
59. Forgery-(1) A person shall not:
(a) forge or counterfeit chips, a licence or a form of
identification used for the purposes of this Act;
or
(b) knowingly utter counterfeit chips or knowingly utter
a forged or counterfeit licence or such a form of
identification.
(2) Any person who contravenes or fails to comply with
subsection (1) is guilty of an offence and shall be liable on
conviction to a fine not exceeding 250 penalty units or to
imprisonment for a term not exceeding five (5) years or to both
such fine and imprisonment.
60. Restriction on credit-(1) The casino licensee shall not,
in relation to gaming in the casino:
(a) extend credit in any form to any person;
(b) accept a credit wager from any person;
(c) provide cash or chips to any person upon a blank
cheque;
(d) make a loan to any person;
(e) provide cash or chips to any person in respect of a
credit card or debit card transaction; or
(f) wholly or partly release or discharge a debt without
the approval of the Authority.
(2) Every casino who contravenes or fails to comply with
the provisions of subsection (1) is guilty of an offence and shall
be liable on conviction:



2010, No. 21 Casino and Gambling Control 41

(a) if the casino licensee is a body corporate, to a fine
not exceeding 500 penalty units; or
(b) if the casino licensee is a natural person, to a fine not
exceeding 100 penalty units or to imprisonment
for a term not exceeding two (2) years or to both
such fine and imprisonment.

61. Cheques-(1) The casino licensee shall not accept a
cheque, other than a cheque of a kind, and otherwise than in
accordance with the procedures, specified in the regulations.
(2) The casino licensee shall, in relation to a cheque
accepted by the licensee that has not been redeemed under
section 63, present the cheque for payment within such period
as is specified, for the purposes of this section, by the Minister
by notice published in the Gazette.
(3) The casino licensee shall not accept or cash a cheque at
the request of any person if any cheque previously received by
the casino licensee from that person has been dishonoured and
the debt so incurred has not been discharged.
(4) Nothing in this section shall be taken to require the
casino licensee to cash a cheque at the request of any person.
(5) Every casino licensee who contravenes or fails to
comply with:
(a) subsections (1) or (2) is guilty of an offence and
shall be liable on conviction -
(i) if the casino licensee is a body
corporate, to a fine not exceeding 125
penalty units; or
(ii) if the casino licensee is a natural
person to a fine not exceeding 25 penalty
units; or
(b) subsection (3) is guilty of an offence and shall be
liable on conviction -
(i) if the casino licensee is a body
corporate, to a fine not exceeding 250
penalty units; or
(ii) if the casino licensee is a natural
person, to a fine not exceeding 50 penalty
units or to imprisonment for a term not



42 Casino and Gambling Control 2010, No. 21

exceeding 12 months or to both such fine
and imprisonment.

62. Deposit accounts-(1) The casino licensee may establish
for a natural person a deposit account.
(2) The casino licensee may issue to a person who
establishes a deposit account:
(a) chips;
(b) money; or
(c) a cheque,
not exceeding in total value the amount standing to the credit of
the account at the time of issue of the chips, money or cheque.
(3) The casino licensee shall credit to the deposit account of
a person:
(a) the amount of any money or cheque deposited with
the casino licensee for the purpose by the person;
and
(b) the amount of any money transferred by the person
to that account directly from an account operated
by the person with a financial institution.
(4) The casino licensee shall debit the deposit account of a
person with:
(a) an amount equal to -
(i) the face value of chips;
(ii) the amount of money; or
(iii) the amount of a cheque,
issued to the person under subsection (2); and
(b) the amount of any money transferred by the person
from that account directly to an account operated
by the person with a financial institution.
(5) The casino licensee shall not credit an amount to the
deposit account of a person, or debit the deposit account of a
person with an amount, otherwise than in accordance with this
section.
63. Redemption of cheques - A person may, with the
agreement of the casino licensee, redeem any cheque accepted
from the person by the casino licensee, at any time prior to
presentation, or the expiration of the period specified for



2010, No. 21 Casino and Gambling Control 43

presentation, of the cheque for payment under section 61(2), by
presenting at the cash desk of the casino:
(a) an amount of money equivalent to;
(b) chips the face value of which is equivalent to; or
(c) where more than one (1) cheque is being redeemed, a
consolidating cheque for an amount equivalent
to,
the amount of the cheque, or the sum of the amounts of the
cheques, to be redeemed.

64. Proceedings etc. in relation to gaming-(1)
Notwithstanding any other law of Samoa, an action lies at the
suit of the casino licensee to recover the amount of a cheque
drawn in respect of a gaming debt incurred in the casino and
subsequently dishonoured.
(2) The casino licensee shall not assign to a third party the
whole or any part of any rights arising out of a gaming debt
incurred in the casino by a person, being a debt incurred by
reason of the dishonour of a cheque drawn by the last-
mentioned person and accepted by the casino licensee.
(3)An action lies against the casino licensee to recover:
(a) money won at gaming in the casino; or
(b) the amount of a cheque given by the casino licensee
in payment of money so won and subsequently
dishonoured.
(4) Any person who contravenes or fails to comply with
subsection (2) is guilty of an offence and shall be liable on
conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 125 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 25 penalty units or to imprisonment
for a term not exceeding six (6) months or to
both such fine and imprisonment.



44 Casino and Gambling Control 2010, No. 21

Division 7 – Search, Entry and Seizure

65. Interpretation-(1) In this Division, unless the contrary
intention appears:
“offence” means any conduct (whether constituted by an act
or omission) engaged in which constitutes, or which is
believed on reasonable grounds constitutes:
(a) an offence against this Act; or
(b) an offence that is to be taken to be related to an
offence against this Act.
(2) For the purposes of this Division, a thing is connected
with a particular offence if:
(a) it is a thing with respect to which the offence has
been committed;
(b) it will afford evidence of the commission of the
offence; or
(c) it was used, or is or was intended to be used, for the
purpose of committing the offence.
66. Powers of officers in casino-(1) An officer may:
(a) enter any premises; and
(b) search the premises for, and seize, any thing that the
officer believes on reasonable grounds to be
connected with an offence,
if the entry, search or seizure, as the case requires, is made:
(c) pursuant to a warrant issued under section 69(2);
(d) with the consent of the occupier of the premises; or
(e) pursuant to an order of a court.
(2) An officer may:
(a) search a person for anything connected with an
offence; and
(b) seize anything found in the course of the search that
the officer believes on reasonable grounds to be
connected with an offence,
if the search or seizure, as the case requires, is made -
(c) pursuant to a warrant issued under section 69(4);
(d) with the consent of the person; or
(e) pursuant to an order of a court.



2010, No. 21 Casino and Gambling Control 45

67. Seizure of things not specified in warrant - If, in the
course of searching under a warrant issued under section 69 for
things connected with a particular offence, an officer finds a
thing that the officer believes on reasonable grounds to be:
(a) connected with that offence, although not of a kind
specified in the warrant; or
(b) connected with another offence,
the officer may seize that thing if the officer has reasonable
grounds for believing that it is necessary to effect the seizure in
order to prevent the thing being:
(c) concealed, lost or destroyed;
(d) sold or otherwise disposed of; or
(e) used in connection with an offence or gaming in the
casino.

68. Consent relating to searches-(1) Before seeking the
consent of a person for the purposes of section 66(1)(d) or
(2)(d), an officer shall inform the person that the person may
refuse to give that consent.
(2) If the officer obtains the person’s consent for those
purposes, the officer shall ask the person to sign a written
acknowledgment:
(a) where section 66(1)(d) is applicable – that the person
has given the officer consent, for the purposes of
that paragraph, to enter the premises of which the
person is the occupier and to exercise the powers
of an officer referred to in section 66(1)(b);
(b) where section 66(2)(d) is applicable – that the person
has given the officer consent, for the purposes of
that paragraph, to search the person and to
exercise the powers of an officer referred to in
section 66(2)(b);
(c) that the person has been informed that he may refuse
to give that consent; and
(d) of the day on which, and the time at which, that
consent was given.
(3) Where it is material, in any proceedings, for a court to be
satisfied that a person has consented for the purposes of section
66(1)(d) or (2)(d) and an acknowledgment, in accordance with



46 Casino and Gambling Control 2010, No. 21

subsection (2) and signed by the person, is not produced in
evidence, it shall be presumed that the person did not consent
unless the contrary is established.

69. Search warrants-(1) Where an officer has reasonable
grounds for suspecting that there may be, or that, within the
next following 72 hours, there may be, in or on any premises, a
thing of a particular kind connected with a particular offence,
the officer may -
(i) lay before a Judge or Registrar any
information on oath setting out those
grounds; and
(ii) apply for the issue of a warrant to
search the premises for things of that kind.
(2) Where an application is made under subsection (1) for a
warrant to search premises, the Judge or Registrar may, subject
to subsection (5), issue a warrant authorising an officer named
in the warrant with such assistance and by such force as is
necessary and reasonable:
(a) to enter the premises;
(b) to seize anything found in the course of search that
the officer believes, on reasonable grounds, to be
a thing of that kind connected with the relevant
offence.
(3) Where an officer has reasonable grounds for suspecting
that there may be a thing of a particular kind connected with a
particular offence:
(a) on a person;
(b) in the clothing that is being worn by a person; or
(c) otherwise in a person’s immediate control,
the officer may:
(d) lay before a Judge or Registrar any information on
oath setting out those grounds; and
(e) apply for the issue of a warrant to search the person
for things of that kind.
(4) Where an application is made under subsection (3) for a
warrant to search a person, the Judge or Registrar may, subject
to subsection (5), issue a warrant authorising an officer named



2010, No. 21 Casino and Gambling Control 47

in the warrant with such assistance and by such force as is
necessary and reasonable:
(a) to search the person for things of the kind specified
in the warrant; and
(b) to seize anything found in the course of the search
that the officer believes, on reasonable grounds,
to be a thing of that kind connected with the
relevant offence.
(5) A Judge or Registrar shall not issue a warrant under this
section unless:
(a) the informant or another person has given the Judge
or Registrar, either orally or by affidavit, any
further information that the Judge or Registrar
requires concerning the grounds on which the
issue of the warrant is being sought; and
(b) the Judge or Registrar is satisfied that there are
reasonable grounds for issuing the warrant.
(6) A warrant shall:
(a) state the purpose for which it is issued;
(b) specify the nature of the relevant offence;
(c) specify particular hours during which the entry is
authorised, or state that the entry is authorised at
any time of the day or night;
(d) include a description of the kinds of things in
relation to which the powers under the warrant
may be exercised; and
(e) specify the date, being a date not later than one (1)
month after the date of issue of the warrant, on
which the warrant ceases to have effect.

70. Police entry-(1) A police officer:
(a) who is of, or above, the rank of sergeant;
(b) who is authorised for the purpose by a police officer
of, or above, the rank of sergeant; or
(c) who is requested to do so by an inspector,
may at any time enter, and be in, any part of the casino.
(2) Subsection (1) shall not be taken to affect the power of a
police officer under any other law of Samoa to enter, and be in,
the casino.



48 Casino and Gambling Control 2010, No. 21

71. Special powers of officers and police
officers-(1) Where an officer enters the casino under section
22(3), the officer may search the casino for, and seize, anything
that the officer suspects on reasonable grounds to be connected
with an offence.
(2) Where:
(a) an officer enters the casino under section 22(3); and
(b) the officer suspects, on reasonable grounds, that a
particular thing is connected with a particular
offence,
the officer may search a person for the thing and, if the thing is
found in the course of the search, seize it.
(3) Where a police officer suspects, on reasonable grounds,
that a particular thing is connected with a particular offence, the
police officer may search a person, or enter premises and
search, for the thing and, if the thing is found in the course of
the search, seize it.
(4) An officer or police officer shall not exercise a power
under this section in relation to a thing unless:
(a) the officer or police officer, as the case requires,
believes, on reasonable grounds, that it is
necessary to exercise the power in order to
prevent the concealment, loss or destruction of
the thing; and
(b) the circumstances are so serious and urgent that they
require the immediate exercise of the power
without the authority of an order of a court or of
a warrant issued under this Act or any other law
in force.
(5) If, in the course of searching, in accordance with this
section, for a thing connected with a particular offence, an
officer or police officer finds:
(a) a thing that the officer or police officer believes, on
reasonable grounds, to be a thing connected with
another offence; or
(b) anything that the officer or police officer believes, on
reasonable grounds, will afford evidence as to
the commission of an offence,



2010, No. 21 Casino and Gambling Control 49

and the officer or police officer, as the case requires, believes,
on reasonable grounds, that it is necessary to seize that thing in
order to prevent its concealment, loss or destruction, or its use
in committing, continuing or repeating the offence or the other
offence, the officer or police officer, as the case requires, may
seize the thing.

72. Restrictions affecting search of persons-(1) Where an
officer or police officer may search a person under this
Division, the officer or police officer, as the case requires, may
also search:
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person’s
immediate control.
(2) In conducting a search of a person under this Division,
an officer or police officer shall not use more force, or subject a
person to greater indignity, than is reasonable and necessary in
order to conduct the search.
(3) A person shall not be searched under the Division except
by a person of the same sex.
(4) Nothing in this Division shall be taken to authorise a
person to carry out a search by way of an examination of a body
cavity of a person.

73. Disposal of gaming equipment etc. after seizure-(1)
Where a thing, other than an illegal thing, is seized under
sections 66, 67 or 71:
(a) if a person is not charged, within a period of 60 days
after seizure, with an offence against this Act in
relation to that thing, or, having been charged
with such an offence, is not convicted of the
offence – the Authority shall arrange for the
thing to be returned to the person from whom it
was seized, or to the person occupying, or in
charge of, the relevant premises, as the case
requires; or
(b) if a person is convicted of an offence referred to in
paragraph (a), not being a cognisable offence, the
court may order -



50 Casino and Gambling Control 2010, No. 21

(i) that the thing be returned to the person
from whom it was seized or to the person
occupying, or in charge of, the relevant premises,
as the case requires; or
(ii) that the thing shall be forfeited to the
State.
(2) Where an illegal thing is seized under sections 66, 67 or
71, the thing is forfeited to the State.
(3) In this section:
“illegal thing” means:
(a) a bogus or counterfeit chip;
(b) a card that has been marked or otherwise tampered
with;
(c) dice that has been marked, loaded or otherwise
tampered with; or
(d) any other device or thing that permits or facilitates
cheating.

74. Detention of suspected person-(1) Where:
(a) the person for the time being in charge of the casino;
(b) an agent or employee of the casino licensee; or
(c) an officer,
suspects on reasonable grounds that a person in the casino is
contravening, or attempting to contravene, a provision of this
Act, the person in charge, agent, employee or officer may detain
the suspected person in a suitable place in the casino until the
arrival at the place of detention of a police officer.
(2) A person may not be detained under this section unless:
(a) no more force is used than is reasonable and
necessary in the circumstances;
(b) the person detained is informed of the reasons for the
detention; and
(c) the person effecting the detention immediately
notifies a police officer of the detention and the
reasons for the detention.




2010, No. 21 Casino and Gambling Control 51

Division 8 - Offences

75. Obstructing officer – Any person who wilfully
obstructs, hinders, threatens or intimidates an officer in the
exercise of the officer’s powers or the performance of the
officer’s functions under this Act is guilty of an offence and
shall be liable on conviction to a fine not exceeding 25 penalty
units or to imprisonment for a term not exceeding six (6)
months or to both.
76. Compliance with requirement of officer - Any person
who, without reasonable excuse, refuses or fails to comply with
a requirement made of the person or directions given to the
person by an officer in the exercise of the officer’s powers or
the performance of the officer’s functions under this Act is
guilty of an offence and shall be liable on conviction to a fine
not exceeding 25 penalty units or to imprisonment for a term
not exceeding six (6) months or to both.

77. False information - Any person who, in relation to any
matter arising under this Act, knowingly or recklessly:
(a) furnishes information that is false or misleading in a
material particular; or
(b) makes a material omission from information
furnished in purported compliance with a
requirement under this Act,
is guilty of an offence and shall be liable on conviction -
(i) if the offender is a body corporate, to a
fine not exceeding 250 penalty units; or
(ii) if the offender is a natural person, to a
fine not exceeding 50 penalty units or to
imprisonment for a term not exceeding 12
months or to both.

78. False representation - Any person who:
(a) impersonates the holder of a licence or of a form of
identification used for the purposes of this Act;
or



52 Casino and Gambling Control 2010, No. 21

(b) falsely represents himself or herself to be an officer
or other authorised person,
is guilty of an offence and shall be liable on conviction to a fine
not exceeding 50 penalty units or to imprisonment for a term
not exceeding 12 months or to both.

79. Failure to provide information – Any person who,
without reasonable excuse, fails to furnish information or a
document that the person is required under this Act to furnish, is
guilty of an offence and shall be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units or to imprisonment
for a term not exceeding 12 months or to both.

80. Conflict of interest-(1) An official shall not knowingly
or recklessly:
(a) have, directly or indirectly -
(i) any business or financial association
with; or
(ii) any business or financial interest in
any matter in conjunction with,
a casino licensee; or
(b) be employed, in any capacity, by a casino licensee.
(2) Where a person ceases to be an official, the person shall
not knowingly or recklessly solicit or accept employment from,
or have any business or financial association with, a casino
licensee within the period of one (1) year after so ceasing to be
an official.
(3) A casino licensee shall not knowingly or recklessly:
(a) have, directly or indirectly -
(i) any business or financial association
with; or
(ii) any business or financial interest in
any matter in conjunction with,
an official; or
(b) employ in any capacity an official.




2010, No. 21 Casino and Gambling Control 53

(4) Where a person ceases to be an official, a casino licensee
shall not knowingly or recklessly employ in any capacity, or
have any business or financial association with, the person
within the period of one (1) year after the person so ceased to be
an official.
(5) An official who knowingly has, directly or indirectly:
(a) any business or financial association with; or
(b) any business of financial interest in any matter in
conjunction with,
a person who is the applicant for a casino employee’s licence
shall, as soon as practicable, notify the Authority in writing of
the association or interest.
(6) Any person who contravenes or fails to comply with:
(a) subsections (1) or (2), shall be guilty of an offence
and shall be liable on conviction to a fine not
exceeding 50 penalty units or to imprisonment
for a term not exceeding 12 months or to both;
(b) subsections (3) or (4) shall be guilty of an offence
and shall be liable on conviction -
(i) if the offender is a body corporate, to a
fine not exceeding 500 penalty units; or
(ii) if the offender is a natural person, to a
fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two
(2) years or to both;
(c) subsection (5) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding
125 penalty units or to imprisonment for a term
not exceeding six (6) months or to both.
(7) In this section “official” means an authorised person,
other than a casino employee.

81. Bribery-(1) An authorised person shall not:
(a) ask for, receive, obtain or agree to receive or obtain
any money, property or benefit of any kind for
himself or herself or for another person -



54 Casino and Gambling Control 2010, No. 21

(i) to forego or neglect his or her duty or
to influence him or her in the performance of
his or her functions under this Act; or
(ii) on account of anything already done
or omitted to be done, or to be afterwards
done or omitted to be done, by him or her in
the performance of those functions; or
(iii) use, or take advantage of, his or her
position as an authorised person in order
improperly to gain a benefit or advantage for,
or to facilitate the commission of an offence
by, another person.
(2) Any person who contravenes or fails to comply with
subsection (1) shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding 125 penalty units or to
imprisonment for a term not exceeding two (2) years or to both.
(3) A person who gives to, confers upon, or procures for, an
authorised person, or any other person, any money, property or
benefit of any kind:
(a) to influence the authorised person to forego or
neglect, or in the performance of, his or her
functions under this Act;
(b) on account of anything done or omitted to be done,
or to be afterwards done or omitted to be done,
by the authorised person in relation to those
functions; or
(c) to influence the authorised person to use, or take
advantage of, his or her position as an authorised
person in order improperly to gain a benefit or
advantage for, or to facilitate the commission of
an offence by, any person;
(d) is guilty of an offence and shall be liable on
conviction -
(i) if the offender is a body corporate, to a
fine not exceeding 500 penalty units; or



2010, No. 21 Casino and Gambling Control 55

(ii) if the offender is a natural person, to a
fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two
(2) years, or to both.

82. Conduct of directors, officers, employees and
agents-(1) Where, in proceedings for an offence against this
Act, it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
show:
(a) that the conduct was engaged in by a director,
officer, employee or agent of the body corporate
within the scope of his or her actual or apparent
authority; and
(b) that the director, officer, employee or agent had the
state of mind.
(2) Any conduct engaged in on behalf of a body corporate
by a director, officer, employee or agent of the body corporate
within the scope of his or her actual or apparent authority shall
be taken, for the purposes of a prosecution for an offence
against this Act, to have been engaged in also by the body
corporate unless the body corporate establishes that the body
corporate took reasonable precautions and exercised due
diligence to avoid the conduct.
(3) Where in proceedings for an offence against this Act, it
is necessary to establish the state of mind of a person other than
a body corporate in relation to particular conduct, it is sufficient
to show:
(a) that the conduct was engaged in by an officer,
employee or agent of the person within the scope
of his or her actual or apparent authority; and
(b) that the servant or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than
a body corporate by an officer, employee or agent of the person
within the scope of his or her actual or apparent authority shall
be taken, for the purposes of a prosecution for an offence
against this Act, to have been engaged in also by the first-
mentioned person unless the first-mentioned person establishes



56 Casino and Gambling Control 2010, No. 21

that the first-mentioned person took reasonable precautions and
exercised due diligence to avoid the conduct.
(5) Where:
(a) a person, other than a body corporate, is convicted of
an offence; and
(b) the person would not have been convicted of the
offence if subsections (3) and (4) had not been
enacted,
the person is not liable to be punished by imprisonment for that
offence.
(6) A reference in subsections (1) or (3) to the state of mind
of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose
of the person; and
(b) the person’s reasons for the intention, opinion, belief
or purpose.
(7) A reference in this section to engaging in conduct
includes a reference to failing or refusing to engage in conduct.

Division 9 – Financial
83. Bank accounts-(1) The casino licensee shall open and
maintain separate bank accounts as approved by the Authority,
at a bank or banks in Samoa for use for all banking transactions
arising in relation to the operation of the casino or the casino
operation agreement.
(2) Every casino licensee who contravenes or fails to
comply with subsection (1) is guilty of an offence and shall be
liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units or to imprisonment
for a term not exceeding 12 months, or to both.

84. Access to banking records-(1) The Authority may, by
written notice to a bank referred to in section 83, require the
bank to give an officer, on the day and during the hours



2010, No. 21 Casino and Gambling Control 57

specified in the notice access to a statement of an account
referred to in that section and such other particulars relating to
the account as are specified in the notice.
(2) The Authority may, by written notice to a bank referred
to in section 83, require the bank, within 30 days after receiving
the notice, to give an officer specified in the notice, a copy of a
statement of an account referred to in that section.
(3) The hours specified in a notice to a bank under
subsection (1) shall be during the normal business hours of the
bank.
(4) Where, by virtue of subsection (1), an officer may
inspect a statement of an account, the officer may also make a
copy of, or take extracts from, the statement.
(5) Any bank who, without reasonable excuse, refuses or
fails to comply with a requirement made under subsections (1)
or (2) is guilty of an offence and shall be liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units or to imprisonment
for a term not exceeding 12 months, or to both.

85. Accounts and records - The casino licensee shall:
(a) cause to be kept in Samoa, in respect of the
transactions and affairs of the casino licensee
relating to the operation of the casino, proper
accounts and records in accordance with the
accounting principles generally applied in
commercial practice; and
(b) do all things necessary to ensure that, in relation to
the operation of the casino –
(i) payments out of the moneys of the
casino licensee are correctly made and
properly authorised;
(ii) adequate control is maintained over
the incurring of liabilities by the casino
licensee; and



58 Casino and Gambling Control 2010, No. 21

(iii) adequate control is maintained over
the assets of, or in the custody of, the casino
licensee.

86. Statement of accounts-(1) The casino licensee shall, as
soon as practicable but not later than 90 days after the end of
each financial year, lodge with the Authority, financial
statements and accounts in the prescribed form, including:
(a) trading accounts, where applicable, for the financial
year;
(b) profit and loss accounts for the financial year; and
(c) a balance sheet as at the end of the financial year,
that give a true and fair view of the financial operations of the
casino licensee in relation to the operation of the casino.
(2) Every casino licensee who contravenes or fails to
comply with subsection (1) is guilty of an offence and shall be
liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 125 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 25 penalty units or to imprisonment
for a term not exceeding six (6) months or to
both.

87. Audit-(1) The casino licensee shall, as soon as
practicable after the end of each financial year, cause the books,
accounts and financial statements of the casino licensee in
relation to the casino to be audited by a person approved by the
Authority.
(2) The casino licensee shall cause a report of an auditor
under subsection (1) to be lodged with the Authority as soon as
practicable after the end of the financial year to which the report
relates.
(3) Every casino licensee who contravenes or fails to
comply with subsection (1) is guilty of an offence and shall be
liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 125 penalty units; or



2010, No. 21 Casino and Gambling Control 59

(b) if the offender is a natural person, to a fine not
exceeding 25 penalty units or to imprisonment
for a term not exceeding six (6) months or to
both.

88. Retention of records-(1) The casino licensee shall
keep in the casino all records relating to transactions less than
seven (7) years old that relate to the casino operation agreement
or the operation of the casino.
(2) Every casino licensee who contravenes or fails to
comply with subsection (1) is guilty of an offence and shall be
liable on conviction:
(a) if the offender is a body corporate, to a fine not
exceeding 250 penalty units; or
(b) if the offender is a natural person, to a fine not
exceeding 50 penalty units.

Division 10 – Miscellaneous

89. Regulations-(1) The Head of State, acting on the advice
of Cabinet, may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for the
carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the
regulations may:
(a) make provision in relation to the control of the
casino or of the operations of the casino;
(b) make provision in relation to the quality, type or
identification of gaming equipment to be used in
the casino;
(c) make provision in relation to maintenance or use of
gaming equipment in the casino;
(d) make provision in relation to the control of chip
stock;
(e) prescribe standards or procedures for the testing,
repair or overhaul of gaming equipment;




60 Casino and Gambling Control 2010, No. 21

(f) make provision in relation to the handling of chips by
casino employees or the use of chips by patrons
of the casino;
(g) make provision in relation to the transportation of
gaming equipment or chips to or from the casino;
(h) make provision in relation to conditions for entering
and being in the casino;
(i) make provision in relation to the security
arrangements to be applied in relation to the
casino;
(j) prescribe, for the purposes of security and orderly
gaming, requirements for the layout of the casino
relating to -
(i) the sitting of gaming tables, gaming
equipment, counting rooms, cages and other
facilities provided for operations in the
casino;
(ii) the manner of installation of any
closed circuit television system, the position
and field of coverage of cameras associated
with the system and the height of the cameras
above the gaming operations in the casino;
(iii) the position and type of any
surveillance system for use in connection
with the direct visual monitoring of
operations of the casino;
(iv) the communications facilities
provided for persons maintaining operations
in the casino, whether by means of a closed
circuit television system, a surveillance
system or by some other means; and
(v) the office and related facilities to be
provided for inspectors;
(k) prescribe procedures for the payment of winning
wagers;
(l) prescribe procedures for the supervision and control
of the counting of money;



2010, No. 21 Casino and Gambling Control 61

(m) specify the amount, or prescribe procedures for
specifying the amount, of any bet to be made in
connection with the playing of an authorised
game;
(n) prescribe procedures for the reconciliation of
disputes arising out of the conduct of gaming in
the casino;
(o) prescribe accounts or other records to be kept by the
casino licensee;
(p) prescribe requirements to be observed by the casino
licensee in relation to the publication of
information concerning the casino and its
activities;
(q) make provision in relation to notices to be displayed
in the casino by the casino licensee;
(r) make provision in relation to the control of junkets;
(s) prescribe criteria for the grant of a casino licence or a
casino employee’s licence, including matters
relating to the control -
(i) of any corporation affected by this
Act;
(ii) of substantial shareholders of, or
foreign participation in, such a corporation;
(iii) of persons who are associates of such
a corporation;
(t) prescribe conditions to be applicable to a casino
licence;
(u) require that any matter affected by the regulations be
subject to the approval, or satisfaction, of a
specified body, or a person holding or occupying
a particular office, so as to authorise such a body
or person to exercise a discretionary authority;
(v) prescribe fees for the purposes of this Act;
(w) prescribe, for offences against the regulations,
penalties not exceeding -



62 Casino and Gambling Control 2010, No. 21

(i) if the offender is a body corporate, a
fine of 50 penalty units; or
(ii) if the offender is a natural person, a
fine of 10 penalty units.

90. Consequential Amendment – In section 2(1) of the
Gaming Act 1978, for the definition of “Gaming” substitute:

““Gaming” means playing for money or other valuable
thing at any game of chance or any game of mixed
chance and skill not authorised under the provisions of
the Casino and Gambling Control Act 2010 or of this
Act, including the Chinese games of fan-tan, pakapoo
and other similar games.”.

91. Amendment to Value Added Goods and Services Tax
Act 1992/1993 - Section 12 of the Value Added Goods and
Services Tax Act 1992/1993 is amended by:
(a) in subsection (1), after paragraph (k), inserting:

“(l) The supplies and equipment supplied to the
Gambling Control Authority established
under the Casino and Gambling Control Act
2010.”;

(b) in subsection (6), after paragraph (p), inserting:

“(q) The services are the licensing of casinos and the
bringing to account commission imposed by
the Gambling Control Authority under the
Casino and Gambling Control Act 2010.”.

__________
The Casino and Gambling Control Act 2010
is administered by the Ministry of the Prime Minister.