Clause 109

by deleting paragraphs (a) and (b) of subsection (1) and substituting the following paragraphs:“(a)had been dealing in capital markets products of the same description contemporaneously with the contravention; and

had suffered loss by reason of the difference between —

the price at which the capital markets products were dealt in contemporaneously with the contravention; and

the price at which the capital markets products would have been likely to have been so dealt in at the time of the contemporaneous dealing if —

in the case where the contravening person had acted in contravention of section 218 or 219, the information mentioned in section 218(1) or (1A) or 219(1), as the case may be, had been generally available; or

in any other case, the contravention had not occurred.”;

by deleting the words “, 201, 209 or 210, in connection with any subscription, purchase or sale of securities, any trading in futures contracts or any leveraged foreign exchange trading” in subsection (1A)(a) and substituting the words “or 201 in connection with any dealing in capital markets products”;

by deleting the words “subscribed for, purchased or sold any securities, or entered into any futures contract, or contracts or arrangements in connection with leveraged foreign exchange trading,” in subsections (1A)(b)(i) and (2A)(a) and substituting in each case the words “been dealing in capital markets products”;

by deleting the words “or trading” in subsection (4);

by deleting the words “securities, trading in futures contracts or leveraged foreign exchange trading” in subsection (5) and substituting the words “capital markets products”;

by deleting paragraphs (a) and (b) of subsection (5) and substituting the following paragraphs:“(a)the volume of capital markets products of the same description dealt in between the date and time of the contravention, and the date and time of the dealing in capital markets products;

if the contravention was effected by a transaction or transactions involving the dealing in capital markets products, the date on and time at which the transaction or transactions were cleared and settled;”;

by deleting the words “securities, trading in futures contracts, or leveraged foreign exchange trading” in subsection (5)(c) and substituting the words “capital markets products”; and

by deleting the word “securities” in subsection (5)(d) and substituting the words “capital markets products that are securities, securities‑based derivatives contracts or CIS units as defined in section 214(1), as the case may be,”.