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GATEWAY MINING LIMITED Capital/Financing Update 2012

Sep 17, 2012

64999_rns_2012-09-17_3c3e0ca9-ec7d-43bf-8213-b5e0702ece13.pdf

Capital/Financing Update

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ABN: 31 008 402 391 Level 7, Simpson House, 249 Pitt Street Sydney NSW 2000 PO Box A278 Sydney South NSW 1235 Tel: 61 2 9283 5711 Fax: 61 2 9283 5766 Email: [email protected] Website: www.gatewaymining.com.au

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ASX Announcement 18 September 2012

SECONDARY TRADING EXEMPTION NOTICE UNDER SECTION 708A

On 14 September 2012 Gateway Mining Limited (“the Company”) announced that it had issued 5,750,000 new fully paid ordinary shares following the exercise of unlisted options and 3,100,000 new fully paid ordinary shares under a placement approved by shareholders on 7 September 2012 following a market announcement on 10 August 2012 (“the New Shares”). A completed Appendix 3B for the official quotation of the New Shares was lodged with ASX at the time of the announcement that the New Shares had been issued.

The Corporations Act 2001 (“the Act”) restricts the on-sale of securities without disclosure unless the sale is exempt under Section 708 or 708A of the Act. By the Company giving this notice, on-sale of the New Shares will fall within the exemption offered by Section 708A(5) of the Act.

Accordingly, the Company hereby gives notice to the Australian Securities Exchange (as the operator of the prescribed financial market on which the New Shares are to be quoted) under Section 708A(5)(e) of the Act that:

  • (a) The Company issued the New Shares without a disclosure document being issued to the investors under Part 6D.2 of the Act;

  • (b) As at the date of this notice, the Company has complied with the provisions of Chapter 2M of the Act, as they apply to the Company, and with Section 674 of the Act; and

  • (c) As at the date of this notice, there is no “excluded information” as defined in Section 708A(7) and (8) of the Act in relation to the Company which has not been disclosed to the market.

Yours faithfully

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Anthony C de Govrik Company Secretary Gateway Mining Limited