Accountant
a member of The Institute of Chartered Accountants of Australia or the Australian
Society of Accountant or such other bodies approved by the APX.
Acquire
to acquire or agree to acquire directly or through another person by any
means, including the following:
(a) granting or exercising an option.
(b) enforcing collateral and taking an asset.
(c) increasing an economic interest.
(d) acquiring part of an asset.
Acquirer
a person who has purchased securities under these Rules.
Acquisition
to *acquire.
Act
the Corporations Act 2001, including the Corporations Regulations 2001.
Adjust phase
a period of time prescribed by *APX during which:
(a) an existing *bid or *offer may be cancelled, or may be adjusted so as to either
decrease the price of the *bid or increase the price of the *offer, or to decrease
the quantity of *securities the subject of the *bid or *offer;
(b) no new *bids, except *bids by an *APX broker which has made a
market bid in accordance with Section 635 of the *Act, or *offers
may be entered.
Adjusted liabilities
total liabilities adjusted for inclusions and exclusions as specified on the surplus
liquid capital return.
Affiliate a person who is recognised as an affiliate by *APX under Rule 2.1.3.
Amendment an *amendment to the *bid or *offer in the *trading system.
Announcement
any announcement or other disclosure of information made by the listee in accordance
with Rules 8.3.1 to 8.3.2 of the Listees' Listing Standards.
Annual accounts
(a) the annual financial statements that the issuer is obliged to lodge with the
ASIC under the Corporations Act; or
(b) if the issuer is not obliged to lodge annual financial statements with the ASIC,
the complete audited annual financial statements of the issuer.
Annual report
includes financial documents.
Appeal Tribunal
the tribunal designated by *APX to hear appeals against decisions made by the APX
Adjudicatory Tribunal as described in Rule 8.28.1 of the APX Business Rules.
Approved representative
a person who is registered as an approved representative by *APX under Rule 2.18.1
of the APX Business Rules.
Applicant
an entity seeking permission to be admitted to the official list.
APX
Australia Pacific Exchange Limited (ABN 19 080 399 220).
APX Announcements Office
the office designated by APX as its APX Announcements Office.
APX Adjudicatory Tribunal
the tribunal established and maintained by *APX to carry out any functions given
to it under the Rules and perform such other functions delegated to it by *APX as
described in Rule 8.27.1 of the APX Business Rules.
APX broker a corporation that:
(a) is recognised by *APX as an *APX broker in accordance with Rule 2.11.3 of the
APX Business Rules; and
(b) has entered into a *settlement agreement with *APX; and
(c) has not ceased to be an *APX broker.
ASIC
Australian Securities and Investments Commission.
Associate
in relation to a person, includes:
(a) the *immediate family of the person;
(b) a *family company of that person; and
(c) the trustee of a *family trust of that person.
Asset-backed securities
*fixed interest securities backed by financial assets which, at the time of the
relevant issue, are evidenced by agreements and intended to produce funds to be
applied towards interest payments due on the *securities and repayment of principal
on maturity, except those *fixed interest securities which are directly secured,
in whole or in part, on real property or other tangible assets.
Auditor
has the same meaning as "registered company auditor" in section 9 of the
Act.
Australian ADI
means an ADI (authorised deposit-taking institution) other than a foreign ADI within
the meaning of the Banking Act 1959.
Australian Accounting Standards
the accounting standards as defined in section 9 of the Act.
Australian bank
(a) a bank as defined by Section 5 of the Banking Act 1959; or
(b) a bank constituted by or under a law of a State or Territory.
Authorised person
a natural person who is an employee (or similar) of the *APX broker and is permitted
by the *APX broker to submit *orders to *APX terminal operators.
Aware
a *listee becomes aware of information if a *director or executive officer of the
*listee has, or ought reasonably to have, come into possession of the information
in the course of the performance of their duties as a director or executive officer
of that listee.