Clause 97

by inserting, immediately before the definition of “debenture”, the following definition:“ “Collective Investment Scheme unit” or “CIS unit” means —

a right or interest (however described) in a collective investment scheme (whether or not constituted as an entity), and includes an option to acquire any such right or interest in the collective investment scheme; or

a contract or arrangement under which —

a party to the contract or arrangement is required to, or may be required to, discharge its obligations under the contract or arrangement at some future time; and

the value of the contract or arrangement, is determined (whether directly or indirectly, or whether wholly or in part) by reference to, derived from, or varies by reference to any of the following:

the value or amount of units of a collective investment scheme;

fluctuations in the values or amount of units of a collective investment scheme;”;

by inserting the word “or” at the end of paragraph (c)(i) of the definition of “information”;

by deleting sub-paragraphs (ii) and (iii) of paragraph (c) of the definition of “information” and substituting the following sub‑paragraph:“(ii)dealing in capital markets products that are securities, securities‑based derivatives contracts or CIS units;”;

by deleting paragraph (e) of the definition of “information” and substituting the following paragraph:“(e)information that —

a person proposes to enter into, or had previously entered into, one or more transactions or agreements in relation to any securities, securities‑based derivatives contract or CIS unit; or

a person has prepared or proposes to issue a statement relating to any securities, securities‑based derivatives contract or CIS unit; and”;

by inserting, immediately after the definition of “information”, the following definition:“ “persons who commonly invest”, in relation to investment in any kind of securities, securities‑based derivatives contracts or CIS units, means a section of the public that is accustomed, or would be likely, to deal in securities, securities‑based derivatives contracts or CIS units, or in a class of securities, securities‑based derivatives contracts or CIS units, of that kind;”;

by deleting the words “securities, includes, in the case of an option contract” in the definition of “purchase” and substituting the words “securities‑based derivatives contracts or CIS units, includes a contract or arrangement”;

by deleting the definition of “securities”;

by deleting the words “securities, includes, in the case of an option contract” in the definition of “sell” and substituting the words “securities‑based derivatives contracts or CIS units, includes a contract or arrangement”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) In this Division —

a reference to a securities-based derivatives contract of a corporation in sections 213(a)(i) and (b)(i) and 218 is a reference to a securities‑based derivatives contract of which the underlying thing, or any of the underlying things, is a security of that corporation; and

a reference to a securities-based derivatives contract of a business trust in sections 213(a)(ii) and (b)(ii) and 218 is a reference to a securities‑based derivatives contract of which the underlying thing, or any of the underlying things, is a security of that business trust.”.