2001 ASX AnnouncementsDate: 21st December 2001 RESPONSE TO ASX QUERY We refer to your letter concerning the use of cash raised from the Prospectus.
Attached is a brief statement for release to the market concerning the
Company's use of funds raised under the Prospectus. S Brown
FINANCE DIRECTOR
USE OF CASH RAISED UNDER THE PROSPECTUS The Company has used the Cash raised under the Prospectus dated 7 July
2000, in a way which is consistent with the stated business objectives
under the Prospectus. The two main use of proceeds stated under the Prospectus were International
Expansion and Research & Development. During the year ended 30 June
2001 the Company had expenses of approximately $2.4 Million for international
expansion ($3.5 Million allocated in the Prospectus) and $1.7 Million
for Research & Development ($1.6 Million allocated in the Prospectus).
The Company has continued to invest into these areas in the current financial
year. ASX QUERY
We refer to the Company's Annual Report for the period ended 30 June
2001, lodged with the Australian Stock Exchange ("ASX") on 24
September 2001 (the "Annual Report"). Listing rule 4.10 sets out additional information which is required to
be included in a Company's annual report as indicated in the following
extract from the Listing Rules. LISTING RULE 4.10.19 4.10
An entity must include the following information in its annual report.
The information must be current at a date specified by the entity which
is no more than 6 weeks before the report is sent to security holders. 4.10.19
In its first two annual reports after admission, a statement about whether
the entity used the cash and assets in a form readily convertible to cash
that it had at the time of admission in a way consistent with its business
objectives. If the use was not consistent, an explanation of how the cash
and assets were used. The statement in the first annual report must be
for the time between admission and the end of the reporting period. The
statement in the second annual report must be for the whole of the reporting
period. This rule applies to an entity admitted under rule 1.3.2(b) and
an entity required to comply with listing rule 1.3.2(b) because of the
application of listing rule 11.1.3. Following a review of the Company's annual report it appears that the
Company has not provided the information required by listing rule 4.10.19. 1. ASX requests that the Company provide the information required by
listing rule 4.10.19. 2. ASX also requests that the Company confirm that it is in compliance
with the listing rules and, in particular, listing rule 3.1. Your response should be sent to me on facsimile number (02) 9241 7620.
It should not be sent to the Company Announcements Office. Unless the
information is required immediately under listing rule 3.1, a response
is requested as soon as possible and, in any event, not later than half
an hour before the start of trading (ie before 9.30am EDST) on Friday
21 December 2001. The response must be in a form suitable for release to the market. If
you have any concern about release of a response, please contact me immediately. LISTING RULE 3.1 Listing rule 3.1 requires an entity to give ASX immediately any information
concerning it that a reasonable person would expect to have a material
effect on the price or value of the entity's securities. The exceptions
to this requirement are set out in the rule. In responding to this letter you should consult listing rule 3.1 and
the guidance note titled "Continuous disclosure: listing rule 3.1". If the information requested by this letter is information required to
be given to ASX under listing rule 3.1 your obligation is to disclose
the information immediately. Your responsibility under listing rule 3.1 is not confined to, or necessarily
satisfied by, answering the questions set out in this letter. TRADING HALT If you are unable to respond by the time requested, or if the answer
to question 1 is yes and an announcement cannot be made immediately, you
should consider a request for a trading halt in the Company's securities.
As set out in listing rule 17.1 and the guidance note titled "Trading
halts" we may grant a trading halt at your request. We may require
the request to be in writing. We are not required to act on your request.
You must tell us each of the following. * The reasons for the trading halt.
* How long you want the trading halt to last.
* The event you expect to happen that will end the trading halt.
* That you are not aware of any reason why the trading halt should not
be granted.
* Any other information necessary to inform the market about the trading
halt, or that we ask for. The trading halt cannot extend past the commencement of normal trading
on the second day after the day on which it is granted. If a trading halt
is requested and granted and you are still unable to reply to this letter
before the commencement of trading, suspension
from quotation would normally be imposed by us from the commencement of
trading if not previously requested by you. The same applies if you have
requested a trading halt because you are unable to release information
to the market, and are still unable to do so before the commencement of
trading. If you have any queries regarding any of the above, please let me know. David Barnett
SENIOR COMPANIES ADVISOR Direct Line: (02) 9227 0520
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