Listing Rule Amendments - 24 October 2005

Rule 4.6

The deletion of this rule is to avoid duplication with requirements already dealt with under the Corporations Act.

Rule 4.7

The amendment is consequential to the deletion of listing rule 4.6.

Rule 4.11

The deletion of this rule removes the requirement to report on the aggregate face value of each class of an entity's debt securities as of 31 May each year, partly because different debt issuers have different financial years and partly because this kind of information is required more frequently under rules 3.10.3 and 3.10.5.

Rule 7.24

The introduction of new listing rule 7.24A is to prohibit holders of restricted securities from participating in a cash or in specie return of capital.

Table of Contents to Chapter 8

Amendment is consequential to amendments made within Chapter 8.

Rule 8.4

The deletion of listing rule 8.4 is because it is no longer relevant, as it refers to share certificates.

Rule 8.5

The amendment is to remove reference to the conversion of certificated securities to uncertificated form which is a matter that no longer occurs in practice.

Rule 8.8

The deletion of this listing rule is because it is no longer relevant.

Rule 8.9

The amendment is proposed to remove references to matters that no longer occur in practice.

Rule 8.15

The amendment is to reflect that the certificated register of a foreign entity is the principal register of legal title, not a sub-register.

Rule 8.16

The deletion of the rule is because it relates to the auditing of registers, which is a matter more properly dealt with by the ASTC Settlement Rules and the Corporations Act.

Rule 8.18

The deletion of this rule, which related to transfer marking, was proposed because it was no longer relevant.

Explanatory Note to Chapter 9

The amendment is consequential to the introduction of listing rule 7.24A.

Rule 9.1.4

The note to this rule is amended to incorporate references to new rule 7.24A.

Rule 10.13.2

The amendment changes the requirement for a notice of meeting under rule 10.11 to state the number of securities to be issued and replaces it with a requirement to state the maximum number of securities.  The amendment is to be consistent with listing rule 7.3.1.

Rule 10.14

The amendment is to allow certain people, whose acquisition of securities under an employee incentive scheme would normally require shareholder approval, to be excluded from this requirement in circumstances where the securities to be acquired by them are acquired on market.

Rule 12.3

The amendment is to allow ASX not to suspend a mining exploration entity, even if more than its total assets are cash, unless ASX decides otherwise.

Rule 14.2.3

The amendment is to clarify a number of aspects to the rule on Chairmen's proxies where related parties are involved, in particular that the rule applies only to resolutions put to shareholders pursuant to a listing rule requirement and in respect of which a voting exclusion statement applies that would otherwise result in a personal vote of the Chair being disregarded.

Rule 14.3

The amendment requires an entity to accept nominations for the election of directors up to 35 business days for the date of a general meeting, unless its constitution provides otherwise.

Rule 14.10

The deletion of the rule removes the prohibition on the Chair of a directors' meeting being able to exercise a casting vote at a meeting where only 2 directors are present.  This is an issue best dealt with by the entity's constitution.

Rule 19.12

New definitions of "asset-backed securities", "property-backed securities", "retail security" and "wholesale security".  These new terms are used in the amendments to the debt listing rule 1.8.

Appendix 1B

The amendments are to require a debt issuer applicant to provide fewer copies of the relevant disclosure document, make corrections consequential on the previous deletion of listing rule 1.8 conditions 6 and 7, to clarify that there may be more than one trust deed which is relevant to an issue of debt securities and to clarify the type of information required in items 41 and 42.  Some minor corrections to the application agreement have also been made.

Appendix 3B

The amendment to delete the warranty in relation to confirmations under Section 1017F of the Corporations Act is to make Appendix 3B consistent with Appendices 1A, 1B and 1C.

Appendix 4C

The amendment is to correct a minor error so that the box for total cash at end of quarter cross refers to Item 1.23 instead of Item 1.22.

Appendix 7A, Clause 2

The amendment is to clarify that the entity must tell ASX that dispatch has occurred in order for deferred settlement trading to end.

Appendix 7A, Clause 2.1

The amendment is to clarify that the entity must tell ASX by noon on a despatch date that despatch has occurred.

Appendix 7A, Clause 3

The amendment is to clarify that the entity must tell ASX that despatch has occurred in order for deferred settlement trading to end.

Appendix 7A, Clause 3.1

Appendix 7A, Clause 4

The amendment is to clarify that the entity must tell ASX that despatch has occurred in order for deferred settlement trading to end.

Appendix 7A, Clause 4.1

The amendment is to clarify that the entity must tell ASX by noon on a despatch date that despatch has occurred.

Appendix 7A, Clause 5

The amendment is to clarify that the entity must tell ASX that despatch has occurred in order for deferred settlement trading to end.

Appendix 7A, Clause 5.1

Appendix 7A, Clause 6

Appendix 7A, Clause 6.1

The amendment is to clarify that the entity must tell ASX by noon on a despatch date that despatch has occurred.

Appendix 7A, Clause 8

The amendment is to clarify that the entity must tell ASX that despatch has occurred in order for deferred settlement trading to end.

Appendix 7A, Clause 8.1

Appendix 9A: Restriction agreement

The amendment is to include a prohibition in the escrow agreement against a security holder participating in a return of capital made by the entity.