Below is a copy of an email, dated 22 April, from ASIC's Mr...

Below is a copy of an email, dated 22 April, from ASIC's Mr Peter Witham, Acting Senior Executive Leader, Misconduct and Breach Reporting, Intelligence and International:-

"We thank you for your emails. As noted, your report will be assessed in accordance with ASIC’s standard policies and procedures.

Whether you make an application to the Takeovers Panel is a matter for you to decide. However, the Takeovers Panel typically recommends that applicants obtain legal advice prior to commencing proceedings.

Yours sincerely"

I have responded to Mr Witham's email:-

Dear Mr Witham

Thank you for your response and advice with respect to the Report of Misconduct associated with the proposed takeover of Genex Power Ltd by Electric Power Development Co., Ltd (J - Power) which I have registered with ASIC.

I would appreciate it if you would:-

inform me of the reference for the Report of Misconduct, and,

inform me if ASIC has formally advised Genex Power Ltd and Electric Power Development Co., Ltd (J - Power) of the Report of Misconduct.

With respect to your answer to my question of making a seperate application to the Takeovers Panel I note the reference to the Takeovers Panel likely immediate use of the deterrent tactic of wanting an applicant to take legal advice. (Wanting an applicant to take legal advice is a tactic I saw employed by the ASX when I raised the Jackson/Farquhar matter with them). Given the abundant legal and prosecutorial skills, knowledge and powers within ASIC I do not intend taking legal advice but rather rely upon ASIC acting in accordance with ASIC’s standard policies and procedures.

Would you please provide me with a link to the appropriate document spelling out ASIC's standard policies and procedures, under these particular circumstances?

ASIC now has abundant information about the alleged misconduct, (failure to continuously disclose crucial information), leading up to NBIO, the TID and the outstanding issues surrounding the Independent Expert Report .

As at this time, none of the recipients of my 20 April 2024 email has responded to the sentence it contained:- "I now ask the respective legal representatives of Genex Power Ltd and J - Power, when will Genex Power Ltd make an ASX Announcement to inform its shareholdersHOW,WHENand byWHOMwill the Independent Expert be appointed?"

As I just mentioned, I faced the issue of "legal advice", (and associated financial costs), when I challenged the legality of the "Skip Capital Consortium" takeover of Genex Power Ltd in 2022. I chose to take another course to have the attempted contravention of the Northern Australia Infrastructure Facility Act 2016 addressed. I raised the matter with the Attorney General and others, (Ministers King and Gallagher) and others. Ultimately that takeover was withdrawn; for a spurious reason concerning a geological event. Skip Capital ended up holding 19.99% of Genex Power Ltd shares.

ASIC has the necessary administrative and prosecutorial powers to take appropriate actions to have the Takeovers Panel review the proposed takeover.

It would be remiss of ASIC if it fails to complete the evaluation of the Report of Misconduct in a timely timeframe, bearing in mind there has not been an indication from Genex Power Ltd it intends to better inform shareholders on the present and future value of K2H masthead project. Bear in mind that Genex Power Ltd is presenting quarterly results and conducting a webinar on 29 April. Undoubtedly the matter of the Report of Misconduct to ASIC will be raised. https://app.sharelinktechnologies.com/announcement/asx/9a0cb62671bd63abdb5c353f9e6c86d3

I intend to make this email available to persons aware of the Report of Misconduct through HotCopper. I do not believe these several emails contain legally privileged, copyright material or personal and /or confidential information however I seek authorization from ASIC to disclose. Personal information would be removed.

I now await the reference number for my Report of Misconduct, the authorisation to disclose information, advice ASIC has formally advised Genex Power Ltd by Electric Power Development Co., Ltd (J - Power) and the link to standard policies and procedures.

I will copy this email to those I emailed on 20 April. Perhaps the Chairman of Genex Power Ltd, Dr Craven, will have asked the company's General Counsel, Ana Gomiero, to unblock emails from me?

Yours sincerely

HLP