Ann: $23M Placement to Strategic Investors , page-20

Voted on and approved at the last AGM......the 10% placement capacity is in addition to the existing 15% threshold......AVB is an eligible entity under the listing rules.

This is the resolution in the AVB notice of meeting...

5. RESOLUTION 6 – APPROVAL OF 10% PLACEMENT CAPACITY
5.1 General
Listing Rule 7.1A enables Eligible Entities to seek Shareholder approval to issue Equity Securities up to 10% of its issued share capital through placements over a 12 month period after the annual general meeting (10% Placement Capacity). The 10% Placement Capacity is in addition to the Company’s 15% placement capacity under Listing Rule 7.1.
An Eligible Entity for the purposes of Listing Rule 7.1A is an entity that:
(a) is not included in the S&P/ASX 300 Index; and
(b) has a market capitalisation of $300 million or less (excluding restricted securities and securities quoted on a deferred settlement basis).
The Company is an Eligible Entity as it is not included in the S&P / ASX 300 Index and has a current market capitalisation of approximately $88,005,523 as at 18 October 2013.
The Company is now seeking Shareholder approval by way of a special resolution to have the ability to issue Equity Securities under the 10% Placement Capacity. The exact number of Equity Securities that may be issued under the 10% Placement Capacity will be determined in accordance with the formula prescribed in Listing Rule 7.1A.2 (refer to Section 5.2(c) below).
The effect of Resolution 6 will be to allow the Directors to issue the Equity Securities under Listing Rule 7.1A during the 10% Placement Period up to 12 months after the Meeting, without subsequent Shareholder approval and without using the Company’s 15% placement capacity under Listing Rule 7.1.
Resolution 6 is a special resolution and therefore requires approval of 75% of the votes cast by Shareholders present and eligible to vote (in person, by proxy, by attorney or, in the case of a corporate Shareholder, by a corporate representative).