Ann: Walyering-7 Flow Test Update, page-61

3.1A.1 has five parts. If at least one of them apply
AND
3.1A.2 applies
AND
3.1A.3 applies
then the Company is in compliance.
Contrary to what you wrote above, Non Disclosure is actually a very normal situation, happening every day in every Company.
For example, do you think Quarterly, Half-yearly and Annual Reports get put together overnight after Market Close and then released the next morning? In every Company there is information moving around confidentially and in play all the time, relying on non-disclosure clauses and such.
If the ASX had to be consulted and sign off on every piece of confidential information, half formed idea or incomplete proposal, nobody [including the ASX] would ever get any work done. It is up to the ASX to come to the Company concerned and say:
'Hey fellas' as JL would put it 'it seems you have a leak here. Anything you'd like to disclose?' That's the whole rationale behind so called 'speeding tickets'.