DATA#3 LIMITED — AGM Information 2009

Sep 24, 2009

NOTICE OF ANNUAL GENERAL MEETING

Data[#] 3 Limited

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ABN 31 010 545 267

The Annual General Meeting of Data[#] 3 Limited (“Data[#] 3”, the “company”) will be held at 10:30am on Tuesday 10 November 2009 at Level 2, Data[#] 3 Centre, 80 Jephson Street, Toowong, Brisbane, Queensland.

ORDINARY BUSINESS

Item 1 - Chairman’s and Managing Director’s addresses

The Chairman’s and Managing Director’s reports on results and activities during the financial year ended 30 June 2009 and an update for the current financial year.

Item 2 – Financial report

To receive and consider the financial report, directors’ report and independent audit report for the year ended 30 June 2009.

To consider and to adopt the following non-binding resolution:

• To adopt the remuneration report for the year ended 30 June 2009.

(Note – the vote on this item is advisory only and does not bind the directors or the company).

Item 3 – Election of director

To consider and, if thought fit, pass the following resolution as an ordinary resolution:

• To re-elect as a director of the company Mr Richard Anderson who retires in accordance with Rule 5.1 of the company’s constitution and, being eligible, offers himself for re-election.

Dated this 25[th] day of September 2009. By order of the Board

Bremner Hill Company Secretary

DETERMINATION OF ENTITLEMENT TO ATTEND AND VOTE

For the purposes of the meeting, shares in the company will be taken to be held by the persons who are registered as shareholders as at 7:00pm (Sydney time) on Friday 6 November 2009.

PROXIES

If you are a shareholder entitled to attend and vote, you may choose to appoint one or two proxies. If you want to appoint one proxy, please use the form provided. If you want to appoint a second proxy, an additional proxy form may be obtained from the Data[#] 3 share registry (refer to the contact details below) or you may copy the proxy form.

To be effective, the proxy form must be received no later than 48 hours before the commencement of the meeting.

Please refer to the enclosed proxy form for completion and lodgment instructions.

ADMISSION TO MEETING

Shareholders who will be attending the meeting, and not appointing a proxy, are asked to bring the proxy form to the meeting to facilitate prompt admission.

Shareholders who will not be attending the meeting are encouraged to complete and return the proxy form for each of their holdings of Data[#] 3 shares.

If necessary a replacement proxy form may be obtained from the Data[#] 3 share registry (refer to the contact details below).

QUESTIONS AND COMMENTS BY SHAREHOLDERS AT THE MEETING

In accordance with the Corporations Act 2001, a reasonable opportunity will be given to shareholders to ask questions about or make comments on the management of Data[#] 3 at the meeting.

Similarly, a reasonable opportunity will be given to shareholders to ask Data[#] 3’s external auditor, Johnston Rorke, questions relevant to:

• a) the conduct of the audit;

• b) the preparation and content of the auditor’s report;

• c) the accounting policies adopted by Data[#] 3 in relation to the preparation of its financial statements; and

• d) the independence of the auditor in relation to the conduct of the audit.

Shareholders may also submit a written question to Johnston Rorke if the question is relevant to the content of Johnston Rorke’s audit report or the conduct of its audit of Data[#] 3’s financial report for the year ended 30 June 2009. Relevant written questions for Johnston Rorke must be received no later than 5:00pm (Sydney time) on Friday 30 October 2009. A list of any such questions will be made available to shareholders attending the meeting, and Johnston Rorke will either answer the questions or table written responses at the meeting. If written responses are tabled at the meeting they will be made available to shareholders as soon as practicable after the meeting.

Please send any written questions for Johnston Rorke:

• to Data[#] 3’s share registry – refer to the contact details below; or

• to Data[#] 3 – by fax: 1300 32 82 32, or by Email: info@data3.com.au by no later than 5:00pm (Sydney time) on Friday 30 October 2009.

CONTACT DETAILS FOR SHARE REGISTRY

Link Market Services Limited Locked Bag A14 SYDNEY SOUTH NSW 1235

Telephone: (02) 8280 7454 Fax: (02) 9287 0303 Email: registrars@linkmarketservices.com.au

EXPLANATORY NOTES

Item 2 – Receive and consider the financial report, directors’ report and independent audit report

This item provides an opportunity for shareholders to raise questions on the reports themselves and on the performance of the company generally.

Item 2 – Adoption of remuneration report (ordinary, non-binding resolution)

The remuneration report is set out on pages 35 to 37 of the company’s 2009 annual report.

This report:

• explains the principles used to determine the nature and amount of remuneration paid to key management personnel of Data[#] 3 and its subsidiaries

• explains the link between the remuneration of key management personnel and Data[#] 3’s performance

• provides details of the actual remuneration elements paid to key management personnel

• provides a summary of the terms of employment of the Managing Director and other key management personnel

• provides details of any share-based compensation offered to key management personnel.

A reasonable opportunity will be provided for discussion of the remuneration report at the meeting. The vote on this resolution is advisory only and does not bind the directors or the company. The board recommends that shareholders vote in favour of adopting the remuneration report.

Item 3 – Election of director (ordinary resolution)

Information regarding the qualifications, experience, responsibilities and other directorships of Richard Anderson is contained in the company’s 2009 annual report on pages 19 and 33.

Richard Anderson was last elected at the 2007 Annual General Meeting. If re-elected, Richard will continue as a director and be subject to retirement by rotation under the company’s constitution.

The directors unanimously recommend that shareholders vote in favour of the re-election of Richard Anderson.