For Personal Use Only Use Personal for Australia and New Zealand Banking Group Limited A.B.N
1st Floor, 8 Parliament Place West Perth WA 6005 PO Box 1618 West Perth WA 6872 Tel: (08) 9481-7833 Fax: (08) 9481-7835 Email: [email protected] ACN 008 982 474 Website: www.metalsaustralia.com.au
1 May 2008
The Manager Company Announcements Office Australian Securities Exchange Exchange Centre 20 Bridge Street SYDNEY NSW 2000
Dear Sir,
NOTICES PURSUANT TO SECTION 672(A) OF THE CORPORATIONS ACT Attached are Notices received from:
ANZ Nominees Limited National Nominees Limited UBS Nominees Pty Ltd
Yours faithfully, Norman Grafton Company Secretary Metals Australia Ltd
For further information please contact: Norman Grafton - Company Secretary Phone (08) 9481 7833
Or consult our website: www.metalsaustralia.com.au For personal use only use personal For Australia and New Zealand Banking Group Limited A.B.N. 11 005 357 522
Custodian Services SWIFT ANZBAU3M Level 16, 530 Collins Street, Melbourne, Vic 3000 +61 3 9273 2650 GPO Box 2842AA, Melbourne, Vic 3001 Facsimile
01 May 2008
Attn: David Nathan Zukerman 1 Floor, 8 Parliament Place West Perth, WA 6005
Dear David
Response to s 672A Disclosure Notice by Metals Australia Ltd (Company)
We confirm receipt of your direction to make the disclosure required by s 672B of the Corporations Act 2001 (the Act) in respect of 50,241,396 securities registered in the name of ANZ Nominees Limited (ANZ Nominees) as at 02nd April 2088 and respond below.
We note that the registered holding of ANZ Nominees Limited in the Company may have changed since the date referred to above, and the information contained in this letter is given based on the circumstances prevailing as at that date unless otherwise indicated.
1 Of the 50,241,396 securities to which the direction relates:
(a) 6,600,000 securities were acquired by ANZ Nominees as a result of transactions entered into pursuant to an Australian Master Securities Lending Agreement (AMSLA) between Australia and New Zealand Banking Group Limited (ANZ) and Opes Prime Stockbroking Limited (Opes Prime);
Pursuant to the terms of the relevant securities lending agreement[s], ANZ has the power to: (i) control the exercise of rights to vote attaching to the securities; and (ii) control the exercise of a power to dispose of the securities.
However, ANZ and ANZ Nominees do not concede that they have a relevant interest in those securities for the purposes of the Act.
Other than with respect to Opes Prime and Leveraged, as at the date of the direction each counterparty under a securities lending agreement referred to above has a right to:
(iii) require ANZ to deliver to it a number of securities in the Company equal to the number of securities that ANZ Nominees acquired as a
For personal use only use personal For result of transactions entered into pursuant to the securities lending agreement between ANZ and the relevant counterparty, as identified above; and (iv) give ANZ instructions as to how to exercise voting rights attaching to the securities referred to in paragraph (iv) above. Where instructions as to how to exercise voting rights are received, ANZ Nominees will exercise the voting rights attaching to securities still registered in its
name in accordance with those instructions, and convey the instructions to any person to whom ANZ Nominees has transferred relevant securities pursuant to a securities lending agreement with respect to the securities so transferred (in each case subject to the satisfaction of certain requirements by the person providing the instructions).
ANZ Nominees makes no comment as to whether the relevant counterparties have a relevant interest in the securities in respect of which they may exercise the rights referred to above. Nonetheless, we advise that the addresses of the persons referred to in paragraph [(a)] above, as recorded in our systems, are as follows:
a) ANZ CUSTODIAN SERVICES LEVEL 25, 530 COLLINS ST, MELBOURNE 3000
Except as described above, no person has a relevant interest in any of the securities or has given ANZ or ANZ Nominees any instructions in connection with the securities. ANZ Nominees is not presently able to provide any details regarding any instructions that the persons referred to above may have given ANZ or ANZ Nominees in respect of the securities in the past.
2 Other interests
Of the 50,241,396 securities to which the direction relates, 43,641,396 securities are held by ANZ Nominees pursuant to custody agreements with the parties listed in the attached schedule.
Each party listed in the schedule is able to give instructions to ANZ Nominees about the acquisition or disposal of the securities indicated in the schedule as being referable to it, and the exercise of any voting rights or other rights attaching to such securities, and therefore has a relevant interest in the relevant securities (as may certain of the relevant party's related bodies corporate). ANZ is not aware whether any other person has a relevant interest in the securities.
ANZ Nominees may have received instructions from one or more of the parties identified in the schedule, that some or all of the securities referable to that party, may be 'loaned' by ANZ Nominees to third parties pursuant to ANZ's securities lending program. Where ANZ has received such instructions in relation to securities, this is identified in the AMSLA Arrangements of the schedule. Securities which have been loaned by ANZ Nominees to third parties in this manner are still identified in section 2 of this notice. Accordingly, the total number of securities referred to in this letter and the attached schedule may exceed the number of securities registered in the name of ANZ Nominees as at the date of your direction.
We note that ANZ has recently made announcements to the ASX regarding its interests in various entities listed on the ASX that have arisen as a result of transactions entered into pursuant to AMSLAs with Opes Prime Stockbroking Limited and Leveraged Capital Pty Ltd. The announcements include details of ANZ's interests in such entities as at the dates specified, and calculated on the basis described, in the announcements. We note that the details contained in the announcements may differ from the details contained in this letter, For personal use only use personal For as a result of one or more of the following matters:
• the announcements may include details of shares which have been sold by the ANZ Group pursuant to transactions which were not due to have settled
as at end of trading on the trading dates specified in the announcements; and
• the announcements may include details of shares which have been transferred by the ANZ Group to other parties under securities lending agreements and which are therefore no longer registered in the name of ANZ Nominees Limited, but where pursuant to the relevant agreements the ANZ Group can require the return of shares equivalent to the shares transferred. ***
We trust this answers all enquiries in your s 672A notice. If you have any further queries in relation to this response, please do not hesitate to contact me on 1800 177 254.
Yours faithfully,
On behalf of Wendy Davies Head of Customer Service Australia Custodian Services
For personal use only use personal For
HISTORICAL CUSTODY POSITIONS - LIST OF HOLDERS IN A STOCK Sec Id AU00093800 ISIN-Sec Name AU000000MLS7 -METALS AUSTRALIA ORDINARY FULLY PAID No BP ID NUMBER BP ID NAME SCA ID NUMBER SCA ID NAME COUNTRY O HOLDINGS ADDRESS Section 1 6,600,000 AMSLA arrangement 7 4641 ANZ BANKING GRP LTD OPES REALISATION ACCOUNT 464100010000 ANZ BANK GRP LTD OPES REALISATION ACC AU 6,600,000 ANZ CUSTODIAN SERVICES LEVEL 25, 530 COLLINS STREET MELBOURNE 3000 Yes
Section 2 - Other interests 43,641,396 3 2312 CLEARSTREAM BANKING S.A. 231200011106 CLEARSTREAM BANKING S.A. LU 1,300,500 42, AVENUE J.F. KENNEDY L-1855 LUXEMBOURG 2 233 COMMERZBANK A G 23300011101 CUSTOMERS ACCOUNT DE 40,000 ZTB S 2.12 MAINZER LANDSTR. 277-293 60326 FRANKFURT 9 7091 DEUTSCHE BANK AG - FRANKFURT 709100011106 A/C CLIENTS DE 265,000 RAINER KASCH NETWORK MANAGEMENT 2ND FLOOR, GROBE GALLUSSTRABE 10-1FRANKFURT AM MAIN, 60311, GERMANY 10 7091 DEUTSCHE BANK AG - FRANKFURT 709100081104 DE 60,492 RAINER KASCH NETWORK MANAGEMENT 2ND FLOOR, GROBE GALLUSSTRABE 10-1FRANKFURT AM MAIN, 60311, GERMANY 1 201 ERSTE BANK DER OESTERREICHISCHEN SPARKASSEN AG FORMER GIR 20100011108 CLIENTS'DEPOT AT 470,000 ATTN:CHRISTINE MACEK SPARKASSEN AG GRABEN 21 C/O 551 - 1010 WIEN 5 2706 JP MORGAN CHASE BANK LONDON GTS CLIENTS ACCOUNT 270600841103 FIRST CLEARING LLC CLIENTS OU 9,000 IS NETWORK MANAGEMENT 5TH FLOOR 4 JOHN CARPENTER STREET LONDON, EC4Y 0AR 8 7044 LGT BANK IN LIECHTENSTEIN AKTIENGESELLSCHAFT 704400011106 LGT BANK IN LIECHTENSTEIN AKTIENGESELLSCHA OU 100,000 THE MANAGER LGT BANK IN LIECHTENSTEIN FL 9490 - P O BOX 85 VADUZ 6 3359 NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED 335900011107 NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED (RE NZ 300,000 ATTN: CORPORATE ACTIONS 48 SHORTLAND STREET AUCKLAND 1001 4 2483 SIS SEGAINTERSETTLE AG 248300021109 TREATY ACCOUNT CH 41,096,404 BASLERSTRASSE 100 CH-4600 OLTEN SWITZERLAND
***END OF REPORT*** TOTAL HOLDINGS 50,241,396
REQUIRED DATE OF CLOSURE 2/04/2008 TOTAL NUMBER OF CLIENTS ACCOUNTS 10 REPORT ID CSVBP01 PRINTED BY PDNAU289 ON Apr 10 2008 AT 15:11:0
ANZ NOMINEES LIMITED LEVEL 25 530 COLLINS STREET
MELBOURNE VIC 3000 For personal use only use personal For _Nationa'
RE: NOTICE PURSUANT TO SECTION 672(A) -CORPORATIONS LAW
We i-efc. to t:-.enotice issued by yourselves. pursuant to Section 672(A) of the Corporations Law and advise as follows:-
a ) National Nominees Limited is currently registered as a holder of shares in your company. Our interest in these shares is as bare trustee only. This interestis held pursuant to our appointmentas nominee for the National Australia Bank Limited.
( b ) So far as it lies within our knowledge - ( i ) The address of the National AustraliaBank Limited is 24th Floor. 500 Bourke Street. Melbourne. Victoria. The names and addresses of the National AustraliaBank's clients appear on the accompanying list.
( ii) The interest of the National AustraliaBank Limited is again only that of bare trustee pursuant to various agreements between the Bank and it's clients which appoint the Bank as custodian. The numberof shares held on behalf of each such client's appears on the accompanyinglist.
Please note that neither National Nominees Limited nor the National AustraliaBank Limited have any information regarding the nature of the National AustraliaBank's clients interests. including whether th~y are beneficial or as trustee only and if only as trustee on whose behalf that interest is held.
rflis Butler HeNdof Operations
NATIONAL CUSTODIANSERVICES For personal use only use personal For
In conjunction with National Nominees Limited ABN 51 004278899
National Australia Bank Limited National Custodian Services Telex 33050 ABN 12 004 044 937 21/500 Bourke Street Tel 61 (3) 8641 3500 SWIFT NATAAU3303X 602-570 131051 AFSL 230686 Melbourne Vic 3000 Australia Fax 61 1300556414 I www.nationalncs.com NATIONAL NOMINEES LIMITED
METALS AUSTRALIA LIMITED ORD F/PD
ACCOUNT NUMBER & HOLDER'S ADDRESS SECURITY HELD ------
0000000002333 50,000
ABN AMRO BANK NV EFFECTENCENTRUM GLOBAL CUSTODY DEPT 4800 DE BREDA NETHERLANDS
0000000009866 5,797,289
THE BANK OF NEW YORK 35 AVENUE DES ARTS B-1040 BRUSSELS BELGIUM FAX: 322 502 0140
0000000011719 100,000
SCHOELLER AND CO ZGA 1 RENNGASSE 3 1011 IA VIENNA 1 AUSTRIA
0000000013009 30,000
F VAN LANSCHOT BANKIERS C/-CENTRALE EFFECTENADM- INISTRATIE, POSTBUS 1021 5200 HC S'HERTOGENBOSCH NETHERLANDS.
0000000014504 10,000
MELLON BANK N.A. MELLON GLOBAL SECURITIES SERVICES ONE MELLON CENTER PITTSBURGH, PA 15258 For personal use only use personal For U.S.A.
METALS AUSTRALIA LIMITED ORD F/PD
ACCOUNT NUMBER & HOLDER'S ADDRESS SECURITY HELD ------
0000000014741 598,000
HYPOVEREINSBANK LILIETHALALLEE 34-36 D80939 MUNICH GERMANY
------TOTAL 6,585,289 ------
END OF REPORT For personal use only use personal For For personal use only For personal use only