Austral Coal Limited 03 - Panel Declines to Commence Proceedings

The Takeovers Panel advises that is has declined to commence proceedings in relation to an application dated 4 July 2005 from Glencore International AG, which was lodged outside the statutory 2 month time limit, in relation to the affairs of Austral Coal Ltd (Austral Coal) which is currently the subject of a takeover offer by Centennial Coal Company Limited (Centennial).

Austral Coal Limited 02 - Decision and Review Application

The Takeovers Panel announces that it has made a declaration of unacceptable circumstances and orders in relation to the application received by it on 3 June 2005 from Centennial Coal Limited (Centennial), in relation to the affairs of Austral Coal Limited (Austral Coal), which is currently the subject of a takeover offer by Centennial (see Media Releases TP05/47 and TP05/48).

Austral Coal Limited 02 - Panel Commences Proceedings

The Panel has decided to conduct proceedings with respect to the application from Centennial Coal Company Limited (Centennial) in relation to the affairs of Austral Coal Limited (Austral). As noted in the Panel's Media Release TP05/47 of 6 June 2005, Centennial has alleged that unacceptable circumstances exist in relation to the failure by Glencore International AG to make timely disclosure regarding equity swap arrangements it entered into in relation to more than 5% of Austral.

Austral Coal Limited - Panel Declines to Make a Declaration of Unacceptable Circumstances

The Panel announces that it has declined to make a declaration of unacceptable circumstances in relation to the application Glencore International AG and a company controlled by Glencore, Fornax Investments Ltd (together Glencore), in relation to the affairs of Austral Coal Ltd (Austral Coal) and the scrip takeover offer for Austral by Centennial Coal Company Ltd. (Centennial).

Stericorp Limited

These are the Panel’s reasons for its decision declining to make a declaration of unacceptable circumstances in relation to the affairs of SteriCorp Limited. SteriCorp had undertaken a 1 for 1 non-renounceable rights issue, fully underwritten by Catilina Nominees Pty Ltd, SteriCorp’s only major shareholder.