Australian Government Solicitor, (AGS), and the missing legal opinion(s)., page-7

Still Genex Power Ltd has not revealed to shareholders, through an ASX Announcement, the serious legal issue confronting the proposed takeover.

For those with the patience to read the following letter/email you will see I have asked if ASIC and the ASX on this continuous disclosure matter.

It is very frustrating to have to keep on writing and lobbying but it is precisely what I had to do in 2022 when I exposed the Kidston/Skip Capital scheme.

The 18 June letter from the Department of Finance can be found elsewhere on HC.

ASIC and ASX - Continuous Disclosure - Genex Power Ltd

Mr Greg Yanco

CEO

ASIC

Mr Lachlan Morley

Listing Compliance Officer

ASX

Messrs Yanco and Morley

ASIC has been alerted to the fact that parties to the proposed takeover of Genex Power Ltd by JPGA Partners Pty Ltd have not been able and/or willing to provide documentary evidence that they have in their possession authority given to the Northern Australia Infrastructure Facility, (NAIF), for the $610 million concessional loan to Genex Power Ltd to the foreign entity, JPGA Partners Pty Ltd.

You, Mr Yanco, are aware that Assistant Treasurer Jones and Minister for Finance, The Hon Katy Gallagher, have asked ASIC to consider the situation. I have attached the letter I received from the Department of Finance, (Mr David Webster, FAS, Commercial Investment Division) on 18 June.

Given it seems ASIC and the ASX may be colluding over the continuous disclosure issue I intend writing to to Mr John Williamson-Noble of GTLaw, formerly (Gilbert+Tobin), for an explanation of why he is a party to the group which, it seems patently clear, decided; “we do not know if what we are doing is legal but nonetheless we will jointly proceed as if it is”. Gilbert+Tobin represented Genex Power Ltd in the legally flawed Skip Capital matter.

How many more days must pass before Genex Power Ltd makes an ASX Announcement informing its shareholders and the market about this very serious and unresolved legal issue?

I remind you both that there is a time issue here as the takeover is proceeding as if this problem does not exist.

As you know this matter has been brought to the attention of Senator Deborah O’Neill as she has the capability of communicating directly with her colleagues, Ministers King and Gallagher, Assistant Treasurer Jones and Attorney-General Dreyfus.

As I have said, for the want of an answer to my oft repeated question, I have reached a point where I think fraud and/or a scam is about to be perpetrated against the Commonwealth Government of Australia.

It is disturbing that ASIC has not reacted; at least in a public manner.

As an NB to this letter I have raised my concerns with Mr Peter Witham, (ASIC) and Mr Chris Collins, (NAIF).

I look forward to your early responses.

Yours sincerely

Howard Patrick

NB

Mr Witham and Mr Collins

You are both well aware of what went on in 2022 when Skip Capital tried to do what it did; take over Genex Power Ltd; contrary to the intent and wording of the Northern Australia Infrastructure Facility Act 2016.

When it comes to the National Anti-Corruption Commission, (NACC), you might both be high up on any culpability list concerning Genex/J - Power..

Indeed, in your case, Mr Collins, I think you might agree, it could be seen that you knew what Skip Capital was endeavoring to do was illegal but you did nothing to end the scheme; if not directly, then at least by seeking an opinion from the Solicitor-General, Dr Stephen Donaghue KC. Despite what I have just said you appear to have acted in a very similar manner in this Genex/J - Power matter?

It is all very well having a secretive “SECRET” $610 million taxpayer funded concessional loan but it can come back to bite those who put it in place and those officials who followed; in this case over Skip Capital and now J - Power illegal bids to gain the benefits of the said loan..