Clause 182

by deleting the words “a securities exchange, a futures exchange,” in subsection (1)(a)(ii) and substituting the words “an approved exchange,”;

by deleting the words “the listing rules of a securities exchange” in subsection (1)(a)(ii) and substituting the words “the listing rules of an approved exchange”;

by deleting sub-paragraph (iii) of subsection (1)(a) and substituting the following sub‑paragraph:“(iii)is about to do an act with respect to dealing in capital markets products, administering a designated benchmark, or providing information in relation to a designated benchmark, that, if done, would be such an offence or contravention;”;

by deleting the words “a securities exchange” in subsection (1)(b) and substituting the words “an approved exchange”;

by deleting the words “the securities exchange” in subsection (1)(b) and substituting the words “the approved exchange”;

by deleting paragraph (c) of subsection (1);

by deleting the words “make one or more of the following orders:” in subsection (1) and substituting the words “make any one or more of the orders specified in subsection (1A).”;

by deleting paragraphs (i) to (vi) of subsection (1);

by inserting, immediately after subsection (1), the following subsection:“(1A) The orders that may be made under subsection (1) are —

in the case of a persistent or continuing breach of this Act, of any condition or restriction of a licence, of any business rule of an approved exchange, a licensed trade repository or an approved clearing house, of any listing rule of an approved exchange, or of any condition or restriction imposed on an authorised benchmark administrator, an authorised benchmark submitter or a designated benchmark submitter, an order restraining a person —

from carrying on a business of dealing in capital markets products;

from acting as a representative of a person carrying on a business of dealing in capital markets products;

from holding the person out as a person carrying on a business of dealing in capital markets products;

from carrying on a business of administering a designated benchmark;

from providing information in relation to a designated benchmark;

from acting as a representative of an authorised benchmark administrator, an authorised benchmark submitter or a designated benchmark submitter;

from holding the person out as a person —

carrying on a business of administering a designated benchmark; or

providing information in relation to a designated benchmark; or

from otherwise acting in breach;

an order restraining a person from acquiring, disposing of or otherwise dealing with any capital markets products that are specified in the order;

an order appointing a receiver of the property of the holder of a capital markets services licence to deal in capital markets products or of property that is held by such a holder for or on behalf of another person whether on trust or otherwise;

an order declaring a contract relating to any dealing in capital markets products to be void or voidable;

for the purpose of securing compliance with any other order under this section, an order directing a person to do or refrain from doing a specified act;

an order restraining the exercise of any voting or other rights attached to any capital markets products that are specified in the order; and

any ancillary order deemed to be desirable in consequence of the making of any of the above orders.”;

by deleting the words “deal in securities or trade in futures contracts” in subsection (3) and substituting the words “deal in capital markets products”;

by deleting subsection (4) and substituting the following subsection:“(4) For the purposes of subsections (1), (1A) and (3), “property”, in relation to the holder of a capital markets services licence to deal in capital markets products, includes —

moneys;

capital markets products;

documents of title to capital markets products; and

other property,entrusted to or received on behalf of any other person by the holder or another person in the course of or in connection with a business of dealing in capital markets products carried on by the holder.”; and

by deleting subsection (6) and substituting the following subsections:“(6) Subject to subsection (6A), subsection (5) does not affect the powers of the court in relation to the punishment for contempt of court.(6A) Where a person is convicted of an offence under subsection (5) in respect of any contravention of an order made under subsection (1), such contravention is not punishable as a contempt of court.(6B) A person must not be convicted of an offence under subsection (5) in respect of any contravention of an order made under subsection (1) that has been punished as a contempt of court.”.