DATA#3 LIMITED — Director's Dealing 2009

Jul 15, 2009

Data[#] 3

Level 2, Phone: 1300 23 28 23 80 Jephson Street Fax: Toowong, QLD 4066 w w w . d a t a 3 . c o m . a u

16 July 2009

Ms Frances Finucan Senior Advisor, Issuers (Brisbane) ASX Markets Supervision Pty Ltd Level 5, Riverside Centre 123 Eagle Street BRISBANE QLD 4000

Dear Ms Finucan

Data[#] 3 Limited (the “Company”) – Appendix 3Y Change of Director’s Interest Notice

Further to your letter of 14 July 2009 regarding listing rules 3.19A and 3.19B and Guidance Note 22: “Director Disclosure of Interests and Transactions in Securities – Obligations of Listed Entities”, my responses to your questions are as follows:

1. Please explain why the Appendix 3Y was lodged late.

The Appendix 3Y related to an off-market transfer of 16,260 shares from Wood Grant & Associates Pty Ltd (a company in which our Managing Director, Mr Grant, is a substantial shareholder) to JHG Super Pty Ltd (the trustee of Mr Grant’s superannuation fund). This transfer occurred on 15 June 2009 however due to a genuine administrative oversight Mr Grant did not advise me of the change.

I became aware of this transaction on Monday 13 July 2009 when I received an alert from the Company’s share registry (the transfer having been recorded by the registry on Friday 10 July 2009). There was a short delay while I contacted Mr Grant to verify the transaction and confirm the date of the original transfer and the consideration details. I lodged the Appendix 3Y on Tuesday 14 July.

1. What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?

The Company has an agreement with each director that sets out the director’s disclosure obligations regarding interests and transactions in the Company’s securities.

This disclosure obligation is reinforced by the Company’s share trading policy and by periodic reminders to the directors.

In addition, our share registry provides an alert service that notifies me of any movements in holdings of directors and their associated entities. This is generally an effective back-up measure in the case of on-market transactions, however is less likely to be effective in the case of off-market transactions due to the potentially greater time delay between the transfer date and the date of the share registry notification (as was the case in this instance).

1. If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?

I believe the current arrangements are adequate and that no additional steps are required to ensure compliance with listing rule 3.19B. As mentioned previously I consider this to be a genuine oversight that I do not expect will happen again. The requirement for prompt communication will be restated immediately and regularly reinforced with all directors.

Sincerely,

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Bremner Hill Company Secretary

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14 July 2009

Mr Brem Hill Company Secretary Data#3 Limited Level 2, Data#3 Centre 80 Jephson Street TOOWONG QLD 4066

ASX Markets Supervision Pty Ltd ABN 26 087 780 489 Level 5 Riverside Centre 123 Eagle Street Brisbane QLD 4000 PO Box 7055 Riverside Centre Brisbane QLD 4001 Telephone 61 (07) 3835 4000 Facsimile 61 (07) 3832 4114 Internet http://www.asx.com.au

By email: brem_hill@data3.com.au

Dear Mr Hill

Data#3 Limited (the “Company”) Appendix 3Y Change of Director’s Interest Notice

We refer to the following;

1. The Appendix 3Y lodged by the Company with ASX on Tuesday, 14 July 2009 for Mr John Grant (the “Appendix 3Y”);

2. Listing rule 3.19A which requires an entity to tell ASX the following:

3. 3.19A.1 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the following times.

   • On the date that the entity is admitted to the official list.

   • On the date that a director is appointed.

   • The entity must complete Appendix 3X and give it to ASX no more than 5 business days after the entity’s admission or a director’s appointment.

4. 3.19A.2 A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust). The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.

5. 3.19A.3 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.

6. Listing rule 3.19B which states as follows.

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An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.

1. The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listings rules 3.19A and 3.19B.

The Appendix 3Y indicates that the change in Mr Grant’s notifiable interests occurred on Monday, 15 June 2009. It appears that for the transaction, Mr Grant should have lodged an Appendix 3Y with ASX by Monday, 22 June 2009. Consequently, the Company may be in breach of listing rules 3.19A and/or 3.19B. It also appears that the director concerned may have breached section 205G of the Corporations Act.

Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements.

ASX reminds the Company of its contract with ASX to comply with the listing rules. In the circumstances, ASX considers that it is appropriate that the Company make necessary arrangements to ensure there is not a reoccurrence of a breach of the listing rules.

Having regard to listing rules 3.19A and 3.19B and Guidance Note 22: “Director Disclosure of Interests and Transactions in Securities - Obligations of Listed Entities”, we ask that you answer each of the following questions:

1. Please explain why the Appendix 3Y was lodged late.

2. What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?

3. 3 If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?

Your response should be sent to Frances Finucan by email at frances.finucan@asx.com.au or facsimile on facsimile number (07) 3832 4114. It should not be sent to the Company Announcements Office.

A response is requested as soon as possible and, in any event, not later than half an hour before the start of trading (i.e. before 9.30am EST) on Friday, 17 July 2009 .

Under listing rule 18.7A, a copy of this query and your response will be released to the market, so your response should be in a form suitable for release and should separately address each of the questions asked. If you have any queries or concerns, please contact me immediately.

Yours sincerely

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Frances Finucan Senior Adviser, Issuers (Brisbane)

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