Rinker Group Limited 01

These are the Panel’s reasons for declining to make a declaration of unacceptable circumstances on an application by Rinker Group Limited dated 6 November 2006 in relation to the off-market takeover bid by CEMEX Australia Pty Ltd. The Panel decided not to make a declaration of unacceptable circumstances having received supplementary disclosure by CEMEX which addressed its concerns in relation to the mechanism for conversion of US dollars provided as consideration under the bid into Australian dollars, and associated risks.