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.
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.
 
Bid
an offer to purchase a quantity of *securities at a price.
Bidder
(a) in relation to a takeover bid, has the same meaning as in section 9 of the *Act; and
(b) in relation to a *foreign takeover or a *scheme, the entity or entities which, in the opinion of *APX, is or are in a similar position to a *bidder under a takeover bid.
Board
in respect of a listee, the board of directors of the listee.
Bonus issue
a *pro rata issue of *securities to holders of *ordinary securities for which no consideration is payable by them.
Bonus shares
It is the issue of new fully paid-up shares to existing shareholders on a pro-rata basis. The impact of a bonus issue is to reduce the share price as the same market capitalisation of the company is spread over a larger number of shares, which in turn benefits the liquidity of the scrip.
Business day
Monday to Friday inclusive, except New Year's Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, and any other day that APX declares is not a business day.
Business Rules
the business rules of APX.
Buying APX broker
the *APX broker which is entitled to delivery of *securities and is obliged to pay for those *securities.
Call paid
in relation to *securities in respect of which a call has been made, the *securities are traded on the basis that the call has been paid.
Cancellation
the cancellation of any *bids or *offers in the *trading system.
Chinese walls
arrangements that could reasonably be expected to ensure that *inside information known to persons in one part of the business of an *APX broker is not communicated to persons in other parts of the business of the *APX broker, being arrangements which satisfy the requirements of section 1043F(b) of the *Act.
Circular
Any document issued to holders of *listed securities including notices of meetings but excluding *listing particulars, annual reports and accounts, interim reports, proxy cards and dividends and/or distributions or interest vouchers.
Class 1 acquisition
an acquisition as defined in Rule 10.2.2.(b) of the APX listees listing standards.
Class
class of securities.
Class of securities
securities are in the same class only if the same rights and obligations attach to them. Differences arising from the requirements of the Listees' Listing Standards relating to restricted securities are to be ignored.
Client agreement
an agreement between a client and the exchange in the form set out in Appendix 5-1.
Close period
any period when a *director is prohibited from dealing, including:
(a) the period of two months immediately preceding the preliminary announcement of the *listee’s annual results or, if shorter, the period from the relevant financial year end up to and including the time of the announcement; and
(b) if the *listee reports on a half-yearly basis, the period of two months immediately preceding the publication of the half-yearly report in accordance with Rule 9.19 of the *Listees’ Listing Standards or, if shorter, the period from the relevant financial period end up to and including the time of such publication; or
(c) if the *listee reports on a quarterly basis, the period of one month immediately preceding the announcement of the quarterly results or, if shorter, the period from the relevant financial period end up to and including the time of the announcement (save that for the final quarter (a) applies).
Complaints officer
the person designated by APX as the *complaints officer.
Condition a condition:
(a) which is specified by a *listee or a vendor pursuant to Rule 4.31.1 to 4.31.2 of the APX business rules;
(b) the satisfaction of which may not be influenced by the acquirer or the disposer of the *securities the subject of the sale; and
(c) which is prerequisite to:
(i) the allotment by a *listee of the *securities the subject of that sale; or
(ii) the transfer by a vendor pursuant to a prospectus offering to the disposer from whom title is reliant, of the *securities the subject of that sale.
Conditional market
a market declared by *APX to have specific rules based on the specified disclosed circumstances of the listee. Requirements relating to a conditional market pursuant to Rule 4.31.1 to 4.31.2 of the APX Business Rules .
Conditional sale
a sale which is conditional on fulfilment of a *condition and made on a *conditional market.
Conventional sale
a sale where the vendor has a presently exercisable and unconditional right to vest the *securities in the purchaser.
Conversion
converting from one *security to another.
Convertible fixed interest securities
an unsecured note or debenture that is an *equity security because it is a *convertible security.
Convertible securities
*securities which are *convertible by the holder, or automatically by their terms of issue, into *equity securities. Note: *convertible securities include options.
Corporate action
an action undertaken by a *listee for the purpose of giving to holders of a *class of securities of the *listee an entitlement to dividends and/or distributions, interest, new *securities, rights to priority of applications for issues of *securities, or any other entitlement.
Constitution
a)       in the case of a company the constitution; and
b)       in the case of a managed investment scheme, the constitution.
 
Cornering
a person or company or two or more persons and/or companies acting in concert, have acquired such control of a *security admitted to quotation by *APX, that the *security cannot be obtained for delivery on existing contracts (“affected contracts”) except at prices or on terms arbitrarily dictated by such persons and/or companies which are unfair, harsh, or unconscionable.
Corporate action
an action undertaken by a listee for the purpose of giving to holders of a class of securities of the listee an entitlement to dividends and/or distributions, interest, new securities, rights to priority of applications for issues of securities, or any other entitlement.
Cross or Crossing
in relation to a transaction in *securities, the circumstance where an *APX broker acts:
(a) on behalf of both buying and selling clients to that transaction; or
(b) on behalf of a buying or selling client on one side of that transaction and as *principal on the other side.
Cum bonus
*securities traded on the basis that the *securities carry an entitlement to a bonus issue of *securities by the *listee, and are designated as “CB” on the *trading system.
Cum dividend
*securities traded on the basis that the *securities carry an entitlement to the next dividend payable by the *listee, and are designated as “CD” on the *trading system.
Cum entitlement
*securities traded on the basis that the *securities carry an entitlement to rights or *securities, and are designated as “CE” on the *trading system.
Cum interest
*securities traded on the basis that the *securities carry an entitlement to interest, and are designated as “CI” on the *trading system.
Cum priority
*securities traded on the basis that the *securities carry a general priority, without a specific entitlement, to participate in a new issue of *securities, and are designated as “CP” on the *trading system.
Cum rights
*securities traded on the basis that the *securities carry a right to participate in a new issue of *securities , and are designated as “CR” on the *trading system.
Current market information
information about:
(a) the price of *securities traded (including highest prices traded, lowest prices traded and last sale); and
(b) the number of *securities traded, on each *business day.
Dealing
includes any sale or purchase of, or agreement to sell or purchase, any securities of the listee and the grant, acceptance, acquisition, disposal, exercise or discharge of any option or other right or obligation, present or future, conditional or unconditional, to acquire or dispose of securities, or any interest in securities, of the listee and "deal" shall be construed accordingly.
Dealing rules
the APX*business rules governing the processes of dealing in and of reporting dealings in *securities.
Deed of indemnity
a deed of indemnity in a form approved by *APX from time to time.
Delivery obligation
the obligation of an *APX broker to deliver a specified quantity of *securities to another *APX broker or *APX brokers on a *settlement day.
Dispatch date
the date by which a *listee is required to have dispatched certificates (or in the case of *rights, entitlement and acceptance forms in relation to those rights) or to have entered *securities (including *rights) into *security holder’s uncertificated holdings in accordance with the Listees’ Listing Standards or otherwise as determined by *APX and notified from time to time.
Director
a director (as defined under section 9 of the Act) of the listee. 
Directors’ service contract
in respect of a *listee a service contract with a *director of the *listee with a notice or contract period of one year or more or with provisions for predetermining compensation on termination of an amount which equals or exceeds one year’s salary and benefits in kind.
Disposal
to *dispose.
Dispose
to dispose or agree to dispose directly or through another person by any means, including the following:
granting or exercising an option;
using an asset as collateral;
decreasing an economic interest; and
disposing of part of an asset.
Example: A listee holds all the securities in Company A, which holds all the securities in company B. Company B holds restricted securities. If company A sells 51% of the securities in company B the listee has disposed of the restricted securities.
Disposer
a person who has sold *securities under these Rules.
Dividend
Distribution of part of a company's net profit to shareholders. Usually expressed as a number of cents per share.
Dividend or distribution plan
any plan which gives holders of securities the opportunity to accept securities in place of dividend, distribution or interest payments (either partly or wholly).
Employee incentive scheme
in respect of a listee;
a)  a scheme for the issue or acquisition of equity securities in the listee to be held by, or for the benefit of, participating employees or non-executive directors of the listee or a related entity; or
b)   a scheme which, in APX's opinion, is an employee incentive scheme.
Entity
includes an undertaking to which interests in a managed investment scheme registered under the Act relates.
Equity share capital
in relation to a company, its issued share capital excluding any part of that capital which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution.
Equity security
means:
a)  a share (other than a share which is a fixed interest security) in a body (other than a body which is property entity);
b)   an interest (other than an interest which is a fixed interest security) in a managed investment scheme (other than a managed investment scheme which is a property entity);
c)  a legal or equitable right or interest in a security covered by paragraph (a) or (b);
d)  an option to acquire, by way of issue, a security covered by paragraph (a) or (b);
e)  a financial product which is convertible into a security covered by paragraph (a) or (b);
f)   any security that APX decides to classify as an equity security;
but does not include a security which APX classifies as a property security or fixed interest security.
Examining accountant
the person designated by *APX as an examining accountant.
Escrow period
the period commencing on the later of the date the restricted securities are issued or the restriction agreement is entered into and ending:
(a) if the issuer’s securities have been listed no more than 12 months, 24 months from this date; or
(b) otherwise, 12 months from this date, or any other period greater than 12 months fixed by the Exchange.
Ex bonus means:
(a) *securities quoted *ex bonus on a *trading day prescribed by *APX; and
(b) designated as “XB” on the *trading system.
Exchange
means a financial market operated in Australia by the holder of an Australian market licence.
Ex dividend means:
(a) *securities quoted *ex dividend on a *trading day prescribed by *APX; and
(b) designated as “XD” on the *trading system.
Ex interest *securities:
(a) quoted *ex interest on a *trading day prescribed by *APX; and
(b) designated as “XI” on the *trading system.
Ex return of capital means:
(a) *securities quoted *ex return of capital on a *trading day prescribed by *APX; and
(b) designated “XC” on the *trading system.
Ex rights means:
(a) *securities quoted *ex rights on a *trading day prescribed by *APX; and
(b) designated “XR” on the *trading system.
Family company a corporation:
(a) controlled by the person or the *immediate family of the person; or
(b) in respect of which the person is beneficially entitled to more than 50% of the issued capital.
Financial documents
the documents that the responsible entity of a managed investment scheme is required to lodge with the ASIC under the Act. However, it does not include a concise report.
Family trust a trust in which:
(a) the person or the *immediate family of the person is the sole or majority beneficiary; or
(b) the person has the ability to remove the trustee of the trust and replace that trustee with his or her own nominee.
Fixed interest listee
a listee which issues fixed interest securities.
Fixed interest security
a)  a redeemable preference share in a body which has a fixed and certain date for redemption;
b)  a debenture of a body;
c) an interest in a managed investment scheme which only invests in mortgages, cash and/or fixed interest securities covered by paragraphs (a) or (b); or
d)  any securities which are determined by APX to be fixed interest securities,
but does not include financial products determined by APX to be property securities or equity securities.
Fixed interest security means:
(a) a redeemable preference share in a body which has a fixed and certain date for redemption;
(b) a debenture of a body;
(c) an interest in a *managed investment scheme which only invests in mortgages, cash and/or *fixed interest securities covered by paragraph (a) or (b); or
(d) any *securities which are determined by *APX to be *fixed interest securities,
but does not include financial products determined by *APX to be *property securities or *equity securities.
Foreign takeover
in respect of a *listee incorporated or established outside Australia, an offer to acquire *equity securities in the *listee which:
(a) would, if the *listee was incorporated under the *Act, be required to be made in accordance with section 606 of the *Act; and
(b) complies with the *Act in the jurisdiction of incorporation or establishment of the *listee.
Forward delivery transaction
a time contract which provides for delivery of *securities in whole or in part other than in accordance with Rule 6.13.1 to 6.13.6 of the APX business rules.
Forward price
the price of *securities as fixed by a *forward delivery transaction.
Forward securities
the *securities the subject of a *forward delivery transaction.
Franked dividend
means a dividend with an attached imputation credit and, includes a fully franked or partly franked dividend, whether paid by way of cash, the issue of shares or a combination of both cash and shares.
Funds manager
an entity whose primary business is to invest moneys and manage assets and other investments allocated to it by clients for that purpose.
Fully paid securities
*securities which have been fully paid.
Group
an entity and its controlled entities.
GST
Broad-based tax of 10 per cent most supplies of goods and services consumed in Australia.
Immediate family
in relation to a person means that person’s spouse and any children under the age of 18 years.
Independent director
in relation to *APX, has the same meaning as in the constitution of *APX.
Independent external person
in relation to *APX, means a person who:
(a) is eligible to be an *independent director of *APX; and
(b) is not, and has not within the last 5 years been, a director or secretary of *APX.
Inside information
information that is not generally available but, if the information were generally available, a reasonable person would expect it to have a material effect on the price or value of securities of a body corporate and for the purposes of interpreting this definition the provisions of sections 1042A to 1042E of the *Act apply.
Licence
means an Australian Financial Services Licence.
Listing Application Department
the department designated by APX as its Listing Application Department.
Listed fixed interest securities
fixed interest securities admitted to quotation.
Listed securities
securities admitted to quotation.
Listee
an entity that has been admitted to the official list
Listee's equity securities
equity securities of a listee.
Listees' Listing Standards
the listees' listing standards of the APX.
Main class
the *class of securities being so designated by *APX.
Major security holder a person who:
(a) is interested in ten per cent or more of the class of *security in respect of which the application for admission to *quotation is being made (calculated on the assumption that any outstanding options which have been granted or other *convertible securities in issue have been exercised or converted but before taking into account any *securities issued at the same time as listing); or
(b) has the right, by virtue of any agreement, to nominate a person to the *board of *directors of the *listee.
Mark
in respect of a transfer of *securities means the certification of transfers by the *listee of the *securities as to the number of *securities represented by each transfer.
Market user
a person who has agreed in writing to be bound by these Rules in the *client agreement.
Market capitalisation
the number of main class securities on issue multiplied by the market price as quoted on the APX.
Market price
the most recent sale price displayed by the trading system.
New ex interest means:
(a) *fixed interest securities quoted new ex interest by *APX when the first interest payment is made exclusively to the original allottees of those *fixed interest securities; and
(b) designated “NX” on the *trading system.
Normal trading
the hours of trading prescribed by *APX in accordance with Rule 4.18.
Notify
notification in writing after the event requiring the notification has occurred.
Offer
an offer to sell a quantity of *securities at a price.
Offer period
(a) in relation to a takeover bid, has the same meaning as in section 9 of the *Act;
(b) in relation to a *foreign takeover, means the period from the date an announcement of intention to make the *foreign takeover is first received by *APX until the date on which the *foreign takeover is effected.
(c) in relation to a *scheme, means the period from the date an announcement of intention to propose a *scheme is first received by *APX until the date on which the *scheme is effected.
Official list
official list of entities that APX has admitted and not removed.
Official quotation
Official quotation by *APX.
Order
an instruction to purchase or sell *securities, or an instruction to amend or cancel a prior instruction to purchase or sell *securities.
Ordinary securities
Ordinary shares, ordinary units or lots (if a listee does not have ordinary shares or ordinary units, the class of securities designated by APX).
Parent undertaking
a holding company.
Participant means:
(a) a company or partnership that is recognised as and remains recognised as a Participating Organisation by the Exchange; or
(b) any entity which is or was a member of the Exchange as at the date of adoption of these Rules; and who has not ceased to be a participant under the rules.
Partly paid securities
*securities which are not *fully paid securities.
Preference securities
*securities which are given preference to *ordinary securities.
Prescribed person Each of the following:
(a) a director of an *APX broker;
(b) a, *representative or *affiliate of an *APX broker;
(c) a member of the *immediate family of a *representative or *affiliate of an *APX broker;
(d) a *family company or *family trust of a *representative or *affiliate of an *APX broker;
(e) a *substantial security holder in the *APX broker acting as principal;
(f) any corporation controlled by an *APX broker or a person referred to in paragraphs (a) to (d) above.
Pre-opening phase
a period of time as prescribed by *APX when *bids or *offers can be entered, amended or cancelled but transactions cannot be effected on the *trading system.
Principal except where an *APX broker is dealing as a trustee of a trust in which the *APX broker has no direct or indirect beneficial interest, a reference to dealing as principal includes a reference to an *APX broker:
(a) dealing in *securities on behalf of a *director, company secretary or *substantial holder of an *APX broker;
(b) dealing in *securities on behalf of a consultant of an *APX broker;
(c) dealing in *securities on behalf of a member of the *immediate family of a *director, consultant, company secretary or
*substantial holder of the *APX broker;
(d) dealing in *securities on behalf of a *family company or *family trust of a *director, consultant, company secretary or *substantial holder of the *APX broker;
(e) dealing in *securities on behalf of a related body corporate of the *APX broker.
Professional investor
Means a person to whom an offer of securities can be made without disclosure in accordance with sub-sections 708(8), 708(10) or 708(11) of the *Act.
Prohibited conduct Means:
(a) in relation to a *market user, any conduct of the *market user which contravenes:
(i) the *Act in relation to transactions taking place on, or by means of the *trading system operated by *APX; or
(ii) these Rules; and
(b) in relation to each *APX broker:
(i) any conduct of the *APX broker which contravenes:
(A) the *Act in relation to transactions taking place on, or by means of the *trading system operated by *APX; or
(B) these Rules; or
(C) a condition of its Australian financial services licence; and
(ii) any conduct which does not involve a contravention referred to in paragraph (i) above, but which conduct:
(A) involves a lack of honesty or fair dealing by an *APX broker in relation to clients or the public; or
(B) involves a substantial or consistent failure to reach professional standards of competence and diligence; and (iii) each of the following practices:
(A) making bids and/or offers for *securities with the intention of creating a false or misleading appearance with respect to the market for, or the price of, any *securities;
(B) executing an order which involves no change of beneficial ownership of *securities, except where the
*APX broker has no knowledge that executing the order involves no change of beneficial ownership of *securities;
(C) executing forward delivery transactions (as defined in the Rules);
(D) *short selling;
(E) *cornering.
Prohibited period means:
(a) any *close period;
(b) any period when there exists any matter which constitutes
*unpublished price sensitive information in relation to the
*listee’s *securities (whether or not the *director has knowledge of such matter) and the proposed dealing would (if permitted) take place after the time when it has become reasonably probable that an announcement will be required in relation to that matter; or
(c) any period when the person responsible for the clearance otherwise has reason to believe that the proposed dealing is in breach of the Listees' Restriction on Dealing Code.
Property entity
a body or a managed investment scheme which:
a)       carries on the business of owning or investing in real property; and
b)       otherwise, invests only in other entities covered by paragraph (a).
Promoter in relation to an entity:
(a) a person (or an associate of that person) who provides a service to the entity (or to a *related party of the entity) in relation to either of the following or who, in the opinion of *APX, is involved in or has had any influence in either of the following:
The entity’s listing application; or
The entity’s initial public offering;
(b) unless *APX decides otherwise, a *substantial security holder (or
associated of a *substantial security holder) who is entitled to at
least 10% of the voting *securities of the entity.
Property security
means:
a)  a share (other than a share which is a fixed interest security) in a body which is property entity;
b)   an interest (other than an interest which is a fixed interest security) in a managed investment scheme which is a property entity;
c)  a legal or equitable right or interest in a security covered by paragraph (a), (b) or (c);
d)  an option to acquire, by way of issue, a security covered by paragraph (a), (b) or (c);
e)  a financial product which is convertible into a security covered by paragraph (a), (b) or (c); and
f)   any security that APX decides to classify as a property security;
but does not include a security which APX classifies as an equity security or a fixed interest security.
Property listee
a property entity that has been admitted to the official list.
Pro rata issue
an issue which has been offered to all holders of *securities in a *class on a pro rata basis.
Published valuation
is the *valuation, whether produced independently or by the *directors, referred to in the *listee's latest published annual report and accounts or the most recent *listing particulars or *circular published since such annual report and accounts.
Quotation
in relation to securities means that, during the course of trading on the exchange, information concerning the prices (if any) at which persons have offered to buy or sell those securities is from time to time recorded on the trading system.
Quotation Appeals Committee
the committee designated by APX to hear appeals against decisions by APX.
Quotation Committee
the committee designated by APX to exercise on its behalf any power or discretion conferred on APX by the listees' listing standards.
Quoted
in relation to securities means admitted to quotation.
Quoted securities
securities admitted to quotation.
Reciprocal arrangement
any agreement or arrangement between *APX and any governmental agency or regulatory authority (including, without limitation, a financial market) in Australia or elsewhere whose functions include the regulation of trading in *securities or commodities (in Australia or elsewhere) which provides for the disclosure of information between *APX and the other party in relation to dealings in *securities or
commodities (in Australia or elsewhere).
Record date
in respect the securities of a listee 5.00 pm on the date the listee specifies for lodging transfers of those securities for the purpose of identifying the persons who are entitled to the benefit of a corporate action.
Related party
a)       in relation to a body corporate, has the meaning in section 228 of the Act;
b)       in relation to a natural person:
(i)  his or her spouse, de facto spouse, parent, son, or daughter, or a spouse or de facto spouse of that person;
 (ii) an entity over which one or more persons referred to in paragraph (i) has control;
 (iii)  an entity that he or she controls, or its parent entity or sibling entity;
(iv)  a person who acts, or proposes to act, in concert with anyone referred to above; or
 (v) a person who was a related party in the previous 6 months, or who would be a related party in the future, under the tests in section 228 of the Act (applied with any necessary adaptation); and
 c) in relation to a registered managed investment scheme, a related party under section 228 of the Act, as modified by section 601LA of the Act.
Relevant employee
means any employee of the listee or director or employee of a subsidiary undertaking or parent undertaking of the listee who, because of his office or employment in the listee or subsidiary undertaking or parent undertaking, is likely to be in possession of unpublished price-sensitive information in relation to the listee.
Registered office
the registered office of the listee (in the case of a trust, the registered office of the management company or responsible entity of the managed investment scheme).
Representative
(a) an authorised representative of a financial services
licensee; or
(b) an employee or director of a financial services licensee.
Responsible entity
has the meaning given in section 9 of the Act.
Restricted securities
(a)     *securities issued in the circumstances set out in Appendix 17-2 (LLS); and
(b)     *securities that, in *APX’s opinion, should be treated as restricted securities.
Example: *securities issued to a person whose relationship with a vendor, *related party, *promoter, or professional or consultant to the *listee is such that, in *APX's opinion, the *securities should be restricted.
Restriction agreement
an agreement in the form set out in Appendix 17-1 (LLS)
Rule
the rules contained in APX Listees' Listing Standards or Business Rules.
Scheme
a compromise or arrangement within the meaning of section 411 of the *Act (and, in respect of a *listee incorporated or established outside Australia, any similar form of compromise or arrangement under the law of the jurisdiction of incorporation or establishment) which has, in the opinion of *APX, a similar result to a takeover within the meaning of the *Act.
Secretary
secretary of *APX Appeal Tribunal.
Security
has the meaning given to the expression by section 92(1) of the Act and includes an equity security, a property security or a fixed interest security.
Security holder
holder of securities in a listee.
Securities transaction
a transaction in *securities.
Selling APX broker
the *APX broker which is obliged to deliver *securities and is entitled to receive payment for those *securities.
Settlement agent
an entity approved to act as the settlement agent of an *APX broker to perform the settlement obligations of that *APX broker under the APX Business Rules.
Short sale
a sale of *securities which is prohibited by section 1020B of the *Act.
Sponsor
An APX Sponsor corroborates the integrity of listee information, and has an obligation to declare that they are satisfied as to the veracity of information provided by the listee to the APX, pre and post listing. 
Sponsor Regulation Department
the department designated by *APX as the *Sponsor Regulation Department.
Subsidiary undertaking
(a) in relation to a body corporate, a subsidiary of the body corporate.
(b) in relation to a managed investment scheme, a subsidiary of the managed investment scheme.
Substantial holder
(a) in relation to a company and a trust which is a registered managed investment scheme, a substantial holder under section 671B of the *Act.
Note: At 1 July 2003, section 671B of the *Act says a *substantial holder means a person who has a substantial holding, that is the person and the person’s associates have a relevant interest in not less than 5% of the total votes attached to the voting shares in the company or the voting interests in the scheme. Sections 608 and 609 of the *Act explain when a person has a relevant interest in shares or interests in a scheme.
(b) in relation to a trust which is not a registered managed investment scheme, a person who would be a substantial holder under section 671B of the *Act if references to interests in the scheme in the *Act were references to *units.
Takeover
a takeover bid.
Tap issues
Issues of *fixed interest securities where the subscription thereof may continue or further tranches thereof may be issued after a *listee has been admitted to the *official list.
Target
(a) in relation to a *takeover within the meaning of the *Act, has the same meaning as in section 9 of the Law;
(b) in relation to a *foreign takeover, means the *listee that is the subject of the takeover; and
(c) in relation to a *scheme, means the entity or entities, which in the opinion of *APX, is in a similar position to a target company.
Terminal operator
an employee of *APX responsible for the entry of *orders in the *trading system.
Trading day means:
(a) a day other than:
(i) a Saturday, Sunday, New Year’s Day, Good Friday, Easter Monday, Christmas Day, Boxing Day; and
(ii) any other day *APX declares and publishes is not a trading day; and
(b) notwithstanding (a), a day which for the purposes of settlement, *APX declares is a trading day notwithstanding that the financial market of *APX is not open.
Trading fees fees for trading activity on *the trading system, determined from time
to time by *APX in accordance with the Rules.
Trading governor an employee or officer of *APX appointed by *APX to oversee *the trading system.
Trading halt
an interruption to trading at the request of a listee that is not a suspension of quotation.
Trading messages
those messages submitted to the *terminal operators by *authorised persons relating to trading functions, such as *orders and the reporting of *orders on the trading system.
Trading permission
the authority under these Rules of an *APX broker to submit *trading messages to *APX terminal operators.
Trading system
the system designated by APX as the trading system.
Underlying securities
(a) in relation to an option over unissued *securities, *securities in the same *class as those which would be issued if the option is exercised;
(b) in relation to *convertible fixed interest security, *securities in the same *class as those which will be issued if the *convertible fixed interest security is converted.
Unpublished pricesensitive information
means information which:
(a) relates to particular *securities or to a particular *listee or to particular *listees of *securities and not to *securities generally or *listees of *securities generally (and, for these purposes, information shall be treated as relating to a *listee of *securities which is a *listee; not only where the information it is about the *listee but also where it may affect the *listee’s business prospects);
(b) is specific or precise;
(c) has not been made generally available within the meaning of section 676 of the *Act; and
(d) if it were made public would be likely to have a significant effect in the price or value of any *securities and, without prejudice to the generality of the above, it should be considered whether any unpublished information regarding transactions required to be notified to *APX’s Announcements Office in accordance with Chapter 10 or Chapter 11 of the *Listees’ Listing Standards and unpublished information of the kind
referred to in the Rules of the *Listees’ Listing Standards set out below is price-sensitive:
Rule 8.1.1 general obligation of disclosure;
Rule 8.8(d) alterations to capital structure;
Rule 8.17 notification of substantial interests in shares;
Rules 14.3, 14.5, 14.6, and 14.7 purchase of own
securities; and
Rule 15.4.1 notification of directors’ interests.
Voting exclusion statement
a statement included in the notice of meeting which declares that a shareholder/s will be excluded from voting at that meeting.
Web dissemination page
the web page(s) established by *APX for the dissemination of information.
Weighted price means:
(a) if the Bid price and the Offer price are the same, that price; or
(b) otherwise, the price calculated in accordance with the following
formula:
A = (B x C) + (D x E)
C + E
where: A is the weighted price expressed in dollars;
B is the Bid price;
C is the Bid quantity;
D is the Offer price; and
E is the Offer quantity.