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CONSTELLATION TECHNOLOGIES LIMITED Regulatory Filings 2007

Oct 2, 2007

64712_rns_2007-10-02_d542738d-be3e-44fe-8428-029032890fcd.pdf

Regulatory Filings

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3 October 2007

Rohan Abeyewardene Adviser, Issues (Brisbane) Via Email : [email protected]

Dear Rohan

RE: AGENIX LIMITED YOUR LETTER DATED 2 OCTOBER 2007

I refer to your letter dated the 2 October 2007 and in particular to the questions raised in that letter.

Question 1

Whether the Company considers that the information contained in the Announcement concerning the Approval for New Anti-HBV Drug in China (the “Information” was material to the Company?

Answer Yes.

Question 2

If the answer to question 1 is ‘no”, please advise the basis on which the Company does not consider the Information to be material.

Answer N/A.

Question 3

If the answer to question 1 is “yes”, please advise when the Company became aware of the Information, particularly given the following statement in the Company’s response to the Price Query :

“The Company has previously advised, including in its Prospectus released on 16 April 2007, its expectation that it would receive market launch approval in the second half of calendar 2007 in China from the State Food and Drug Administration (“SDFA”) for YouHeDing, the anti-hepatitis drug, the rights to which were acquired with the recent acquisitions of its Chinese operations via SHRG and YSY. These acquisitions have been extensively covered in the Company’s previous announcements and releases. Furthermore, the Company has announced on several occasions that it expects to be deriving revenue from sales of YouHeDing in the second half of 2007. The SDFA has already approved the clinical trial and manufacturing aspects of YouHeDing’s development. Market launch approval has not yet been received.”

Answer Monday 1 October 2007 after the close of the market (Shanghai is in a time zone 2 hours behind Eastern Australia). The announcement was drafted and released prior to the commencement of trading on 2 October 2007 after approval by relevant Directors of Agenix.

Question 4

If the Company became aware of the Information prior to the Announcement, please identify any earlier announcement from the Company which disclosed the Information.

Answer

N/A.

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Question 5

If there was no earlier announcement, and the Company became aware of the Information prior to the Announcement, please advise why the Company did not release the Information to the market at an earlier time, or request a trading halt pending the release of the Announcement.

Please comment specifically on the application of listing rule 3.1 and the exceptions to the rule in listing rule 3.1A, and whether the increase in the Company’s share price and the volume of securities traded in the period prior to the Announcement, indicated that confidentiality in relation to the Information had been lost.

Answer

The Company believes that the increase in its share price and volume of securities traded in recent days was at least partly attributable to the Company’s announcement to the ASX on Friday 21 September 2007 regarding the commencement of the Company’s ThromboView project Phase II pulmonary embolism clinical trial in the United States and Canada. There was considerable expectation regarding the commencement of this trial and discussions with analysts and other investors in the few days after the announcement heightened investor awareness of the trial’s significance.

The Company made an announcement to the ASX on Tuesday 2 October 2007 in relation to the approval of YouHeDing as soon as it was practically possible to do so after receiving notice of approval.

The administrative process in China leading up to the advice any drug approval is not a process with a defined term and there is no way of knowing when such approval, if forthcoming, would be received. The Company did have an expectation, though, that approval would be granted in the 2007 calendar year. The administrative process referred to was complicated by a well publicised and extensive review being carried out within the Chinese regulatory authority itself.

The Company’s share price has been as high as $0.30 in the past few months. The Company is also aware that there has been increasing interest amongst daytraders in the Company’s securities based on charting analysis, rather than fundamental analysis.

Question 6

Please confirm that the Company is in compliance with the listing rules and, in particular, listing rule 3.1.

Answer The Company confirms that it is in compliance with the listing rules, particularly listing rule 3.1.

If you have any further questions, please do not hesitate to contact me.

Yours sincerely AGENIX LIMITED

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Karl Schlobohm COMPANY SECRETARY

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ASX Limited ABN 98 008 624 691 Level 5 Riverside Centre 123 Eagle Street Brisbane QLD 4000

2 October 2007

Mr Neil Leggett Chief Executive Officer and Managing Director Agenix Ltd 11 Durbell Street ACACIA RIDGE QLD 4110

PO Box 7055 Riverside Centre Brisbane QLD 4001

Telephone 61 (07) 3835 4004 Facsimile 61 (07) 3832 4114 Internet http://www.asx.com.au

By Email: [email protected]

Dear Mr Leggett

Agenix Limited (the “Company”)

ASX Limited (“ASX”) refers to the following:

  1. The price query letter sent to the Company by ASX on Wednesday, 26 September 2007 which was released to the market, together with the Company’s response, at 9.15am EST on Thursday, 27 September 2007 (the“Price Query”).

  2. The announcement released by the Company to the market at 8.30am EST today, Tuesday, 2 October 2007, entitled “Agenix Receives Approval for New Anti-HBV Drug in China” (the “Announcement”).

  3. The increase in the Company’s share price from a close of 22.5 cents on Thursday, 27 September 2007 to a high of 26 cents on Monday, 2 October 2007 and a last price prior to the release of the Announcement of 25 cents, being the trading period after the issue of the Price Query and prior to the release of the Announcement, and to an increase in the number of securities traded during this period.

As you are aware, listing rule 3.1 requires an entity, once it becomes aware of 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, to immediately tell ASX that information. The exceptions to this requirement are set out in listing rule 3.1A.

I would also like to draw your attention to the definition of “aware” in Chapter 19 of the listing rules. This definition states that:

“an entity becomes aware of information if a director or executive director (in the case of a trust, director or executive officer of the responsible entity or management company) 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 entity.”

Furthermore, paragraph 18 of Guidance Note 8 states:

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“Once a director or executive officer becomes aware of information, he or she must immediately consider whether that information should be given to ASX. An entity cannot delay giving information to ASX pending formal sign-off or adoption by the board, for example.”

Listing rule 3.1A sets out an exception from the requirement to make immediate disclosure, provided that each of the following are satisfied.

  • “3.1A.1 A reasonable person would not expect the information to be disclosed.

  • 3.1A.2 The information is confidential and ASX has not formed the view that the information has ceased to be confidential.

  • 3.1A.3 One or more of the following applies.

    • It would be a breach of a law to disclose the information.

    • The information concerns an incomplete proposal or negotiation.

    • The information comprises matters of supposition or is insufficiently definite to warrant disclosure.

    • The information is generated for the internal management purposes of the entity.

    • The information is a trade secret.”

Finally, I would like to draw your attention to ASX’s policy position on the concept of “confidentiality” which is detailed in paragraphs 34 to 40 of Guidance Note 8. In particular, paragraphs 34 and 35 of the Guidance Note state that:

“‘Confidential’ in this context has the sense of ‘secret’…” and “Loss of confidentiality may be indicated by otherwise unexplained changes to the price of the entity’s securities, or by reference to the information in the media or analysts’ reports”.

Having regard to the above definition, listing rule 3.1 and Guidance Note 8 - Continuous Disclosure, we ask that you answer the following questions in a format suitable for release to the market in accordance with listing rule 18.7A.

  1. Whether the Company considers that the information contained in the Announcement concerning the Approval for New Anti-HBV Drug in China (the “Information”) was material to the Company?

  2. If the answer to question 1 is “no”, please advise the basis on which the Company does not consider the Information to be material.

  3. If the answer to question 1 is “yes”, please advise when the Company became aware of the Information, particularly given the following statement in the Company’s response to the Price Query:

“The Company has previously advised, including in its Prospectus released on 16 April 2007, its expectation that it would receive market launch approval in the second half of calendar 2007 in China from the State Food and Drug Administration (“SDFA”) for YouHeDing, the anti-hepatitis drug, the rights to which were acquired with the recent acquisitions of its Chinese operations via SHRG and YSY These acquisitions have been extensively covered in the Company’s previous announcements and releases. Furthermore, the Company has announced on several occasions that it expects to be deriving revenue from sales of YouHeDing in the second half of 2007. The SDFA has already approved the clinical trail

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and manufacturing aspects of YouHeDing’s development. Market launch approval has not yet been received.”

  1. If the Company became aware of the Information prior to the Announcement, please identify any earlier announcement from the Company which disclosed the Information.

  2. If there was no earlier announcement, and the Company became aware of the Information prior to the Announcement, please advise why the Company did not release the Information to the market at an earlier time, or request a trading halt pending the release of the Announcement.

Please comment specifically on the application of listing rule 3.1 and the exceptions to the rule in listing rule 3.1A, and whether the increase in the Company’s share price and the volume of securities traded in the period prior to the Announcement, indicated that confidentiality in relation to the Information had been lost.

  1. Please confirm that the Company is in compliance with the listing rules and, in particular, listing rule 3.1.

Your response should be sent to me by return email or by facsimile on facsimile number (07) 3832 4114. 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 9.00 am EST on Wednesday, 3 October 2007.

If you are unable to respond by the time requested, you should consider a request for a trading halt in the Company’s securities. As set out in listing rule 17.1 and Guidance Note 16 - 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 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 may 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.

Yours sincerely

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Rohan Abeyewardene Adviser, Issuers (Brisbane)

cc. Mr Karl Schlobohm, Company Secretary, Agenix Ltd

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