THORNEY TECHNOLOGIES LTD — Regulatory Filings 2009

Aug 4, 2009

F 5.AUG.2009_S 13:55

ASX PERTH 61.

05/08/2009 11:30

NO.469-

971 P.001/001

P.1/3.

AUSTRALIAN RENEWARIE FLELS LIMITED

AUSTRALIAN RENEWABLE FUELS LIMITED ASH 66 076 FR2 188 SUITE 3
13 ANGOYE 57
NOTTH JETTH WA 6004 FO KOX 114 NOTTH NETTH WA 6004 781 + 41 # 9927 7698 AT. $+ 41$ = 9227-0101 GMAIL inte@arlowin.com.pu WIG www.ariusiness.sv

5 August 2009

Jenny Cutri ASX Limited Level Exchange Plaza 2 The Esplanade Perth, 6000, WA - 1991

Dear Jenny

In response to your letter of 4 August 2009 we would like to confirm that as of 30 July 2009 there has been a change of Company Secretary.

Due to this change occurring and the previous Company Secretary being away on leave from 23 July 2009 there was a gap in resourcing of the company secretarial function. As a result of this the late filing of the Appendix 3Y was only made on 30 July 2009 when it was discovered that it had not been previously released within the required 5 day deadline.

The Company has re-iterated to its directors the importance of timely and accurate notifications to the Company of any changes in their interests and with the additional resources now available to fulfil the company secretarial function the Company is confident it will remain compliant with its

Please do not hesitate to contact me should you require any further clarification on this matter.

Yours Sincerely

Alwyn Davey Company Secretary

ASX Markets Supervision Pty Ltd ABN 26 087 780 489 Level 8 Exchange Plaza 2 The Esplanade Perlh WA 6000

PO Box D187 Perth WA 6840

Telephone 61 (08) 9224 0000 Facsimile 01 (08) 9221 2020 Internet http://www.asx.com.au

Mr Alwyn Davey Company Secretary Australian Renewable Fuels Ltd Suite 3, 18 Angove Street NORTH PERTH WA 6006

By Facsimile: 9227 0101

Dear Alwyn

$\overline{\phantom{a}}$

Australian Renewable Fuels Ltd (the "Company")

We refer to the following:

• Company's announcement lodged with ASX Ltd ("ASX") on 30 July 2009 regarding a change in the director's 1. interest for Mr Julien Playoust ("Appendix 3Y").
• $2.$ Listing rule 3.19A which requires an entity to tell ASX the following:
• The notifiable interests of a director of the entity (or in the case of a trust, a director of the 3.19A.1 responsible entity of the trust) at the following times.
  • On the date that the entity is admitted to the official list, $\bullet$
  • On the date that a director is appointed, $\bullet$

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

• A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the 3.19A.2 responsible entity of the trust). The entity must complete an Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.
• The notifiable interests of a director of the entity (or in the case of a trust, a director of the 3.19A.3 responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete an Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.
• 1. Listing rule 3.19B which states as follows.

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.

The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 $\overline{4}$ . 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 a change in the Director's notifiable interest occurred on 20 July 2009. It appears that the Director's Notice should have been lodged with ASX by 27 July 2009. Consequently, the Company may be in breach of listing rules 3.19A and/or 3.19B.

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.

• $\mathbf{1}$ Please explain why the Appendix 3Y was lodged late.
• $\overline{2}$ . 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 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 me by e-mail at jenny.cutri@asx.com.au or by facsimile on facsimile number (08) 9221 2020, 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 at 7.30am WST on Friday 7 August 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 must separately address each of the questions asked. If you have any queries or concerns, please contact me immediately,

Yours sincerely

Jenny Cutri Assistant Manager, Issuers (Perth)