cap raising anyone?, page-7

Perhaps this may help.. The last clause seems to be applicable for ATV & AU mining in light of the 6 month period referred to be Touquoy.

Sourced from:

www.ibanet.org/Document/Default.aspx?DocumentUid=829DE877

The level of control selected under Australian law as the trigger for the takeover
legislation is 20% of voting power in a company or MIS.
The key provision is section 606 of the Corporations Act. This section prohibits an
acquisition of shares in a company if, after the acquisition:
1630039_1_takeovers guide - australia final page | 2

any person’s voting power in the company would increase beyond the 20%
threshold; or

any person’s voting power in a company that is above 20% and below 90%
increases.
The takeover rules do not apply where voting power remains below the 20% level after an
acquisition, although other rules, such as those requiring declaration of substantial
shareholdings (which exceed 5%), are relevant.
There are a number of important gateways which allow a person to exceed the 20% level.
Permitted gateways include:

an off-market takeover bid made to all shareholders which may be for all or a
nominated proportion of their shareholding;

an unconditional on-market takeover bid on the ASX;

“creeping” acquisitions of not more than 3% of voting shares in every six months,
by a person already holding at least 19% of voting power in the company;

So this indeed may well be why we have seen a lull in activity in recent months from AU Mining at least.