This notice is given by Australian Pipeline Limited ("Company"), in its capacity as responsible entity of Australian Pipeline Trust ("Trust"), to the unitholders of the Trust who, by virtue of the units in the Trust being stapled to the units in APT Investment Trust, are also unitholders in APT Investment Trust ("APA Securityholders").
At the Company’s next annual general meeting to be held on 27 October 2011 Robert Wright, an independent, non-executive director, will retire pursuant to Rule 7.1(g) of the Company’s constitution and, being eligible, will offer himself for election. Patricia McKenzie and Steven Crane, both independent, non-executive directors, will also retire pursuant to Rule 7.1(k) of the Company’s constitution and, being eligible, will offer themselves for election.
Pursuant to the Deed Poll entered into by the Company on 28 June 2004, APA Securityholders may (but are not obliged to) nominate candidates for the three positions on the Company’s board of directors that will become vacant on the retirement of Mr Wright, Ms McKenzie and Mr Crane.
An APA Securityholder wishing to nominate a person ("Nominee") for that position must send the following forms ("Nomination Documents") to the Company at the postal address or email address specified below:
- the attached nomination form fully completed and signed by the APA Securityholder making the nomination and by the Nominee; and
- the Nominee’s written consent to act as director of the Company addressed to the Company and signed by the Nominee.
Both Nomination Documents, fully completed and signed, must be received at the specified address no later than 5pm on 12 September 2011.
Nominations that do not satisfy all of those requirements will be invalid.
The 2011 annual meeting of APA Securityholders ("Securityholders’ Meeting") will be held at 10.30am on 27 October 2011 at Hilton Hotel, State Room Level 2, 488 George Street Sydney.
Formal notice of the Securityholders’ Meeting will be sent to APA Securityholders in late September 2011. Information about Nominees contained in valid Nomination Documents will be included in the notice of meeting, except to the extent the Company determines, in its discretion, that the information is misleading or otherwise inappropriate.
APA Securityholders will be given the opportunity at the Securityholders’ Meeting to vote on the nominations of Mr Wright, Ms McKenzie and Mr Crane, and any Nominees nominated by APA Securityholders in accordance with the procedure described above. If APA securityholders approve (by ordinary resolution), more than three candidates, the three with the highest majority of votes will be taken to be approved.
Following the close of the Securityholders’ Meeting, the Company will convene its annual general meeting ("AGM") to consider the election of directors taking into account the candidates approved by APA Securityholders. Alternatively, as the Company currently has only one member, APT Pipelines Limited, it is not obliged to hold an AGM under the Corporations Act 2001, in which case in place of the "physical" AGM the resolutions of the AGM may be recorded and signed by the sole member.
The completed and signed Nomination Documents are to be sent to the Company at the following postal address or email address:
Link Market Services Limited Locked Bag A14 Sydney South NSW 1235
An APA Securityholder who nominates a person for the position of director according to the procedures described above, or the Nominee, may withdraw that nomination by written notice sent to the Company at the above address at any time before the Securityholders’ Meeting.
The nomination form is also available from the Company’s web site www.apa.com.au or by contacting Link Market Services on 1800 992 312 or +61 2 8280 7132, if calling from outside Australia.