Response to ASX Appendix 3Y Query
Released
Released
Announcement PDF
3 July 2026
Advisor, Listings Compliance
ASX Compliance Pty Ltd
20 Bridge Street
Sydney NSW 2000
Dear Sirs,
Response to Query Letter
We refer to your letter of 2 July 2026 (Letter) in relation to the late lodgement of an Appendix 3Y
'Change in Directors Interests' for Dr Andreas Schwer lodged with ASX on 1 July 2026 by Electro Optic
Systems Holdings Limited (EOS or the Company) (ASX: EOS).
In response to your queries, we advise as follows:
1. Please explain why the Appendix 3Y was lodged late.
At the Company’s recent Annual General Meeting (which was held on 19 May 2026) (AGM),
shareholders approved the grant of 21,539 Share Rights and 80,413 Share Options to the
Company's CEO and Managing Director of the Company, Dr Andreas Schwer (Shares). The Share
Rights and Share Options were subsequently issued to Dr Schwer on 22 May 2026 and disclosed
in the Appendix 3G which was released to the market on that date (Appendix 3G). It was the
intention of the Company to lodge the Appendix 3Y on that date, however, due to an
administrative oversight, the Company lodged the Appendix 3Y on 1 July 2026.
2. What arrangements does EOS have in place under Listing Rule 3.19B with its directors to
ensure that it is able to meet its disclosure obligations under Listing Rule 3.19A?
The Company has in place the necessary procedures and processes to ensure that director
disclosures to the ASX are completed and lodged within the time period allowed by Listing Rule
3.19A. All of the directors are aware of their disclosure obligations and are required by their
arrangements with the Company to inform the Company immediately of any changes in their
interests.
While the market was aware of the proposed grant of Shares Rights and Options to Dr Schwer
(by virtue of the announcement of the results of the Company's AGM at which shareholders
approved the grant of such securities to Dr Schwer and the release of the Appendix 3G), due to
an administrative oversight Appendix 3Y was not lodged within the requisite timeframe.
The Company and its directors are aware of their obligations under Listing Rules 3.19A and
3.19B, as well as the Company’s policy for dealing in securities. This includes obtaining pre-
approvals for all security trading. Security holdings and trading confirmations are also a standing
Board agenda item to ensure full transparency and continual confirmation.
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3. If the current arrangements are inadequate or not being enforced, what additional steps does
EOS intend to take to ensuire compliance with Listing Rule 3.19B?
The Company considers the lodgement outside the prescribed timeframe as an isolated incident
and believes that the current arrangements between the Company and its directors to ensure
compliance with Listing Rule 3.19B are adequate and are being enforced.
Should you have any questions, please do not hesitate to contact me.
Released with the authority of the Board.
Yours sincerely,
Melanie Andrews
Company Secretary
ASX Limited [[Listings]] ASX Customer Service Centre 131 279 | asx.com.au
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2 July 2026
Ms Melanie Andrews
Company Secretary
Electro Optic Systems Holdings Limited
Level 2, 1 Taubman Street
Symonston ACT 2609
By email
Dear Ms Andrews
Electro Optic Systems Holdings Limited (‘EOS’): Appendix 3Y – Change of Director’s Interest Notice Query
ASX refers to the following:
1. EOS’s Appendix 3Y lodged on the ASX Market Announcements Platform (‘MAP’) on 1 July 2026 for Dr
Andreas Schwer (the ‘Notice’);
2. Listing Rule 3.19A which requires an entity to tell ASX the following:
3.19A.1 ‘The notifiable interests of a director of the entity (or in the case of a trust, a director
of the responsible entity of the trust) at the following times.
• On the date that the entity is admitted to the official list.
• On the date that a director is appointed.
The entity must complete Appendix 3X and give it to ASX no more than 5 business
days after the entity’s admission or a director’s appointment.
3.19A.2 A change to a notifiable interest of a director of the entity (or in the case of a trust, a
director of the responsible entity of the trust) including whether the change occurred
during a closed period where prior written clearance was required and, if so, whether
prior written clearance was provided. The entity must complete Appendix 3Y and
give it to ASX no more than 5 business days after the change occurs.
3.19A.3 The notifiable interests of a director of the entity (or in the case of a trust, a director
of the responsible entity of the trust) at the date that the director ceases to be a
director. The entity must complete Appendix 3Z and give it to ASX no more than 5
business days after the director ceases to be a director.’
3. Listing rule 3.19B which states that:
‘An entity must make such arrangements as are necessary with a director of the entity (or in the case
of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the
entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within
the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the
director.’
The Notice indicates that a change in Dr Schwer’s notifiable interest occurred on 22 May 2026. It appears that
the Notice should have been lodged with ASX by 29 May 2026. Consequently, EOS may have breached Listing
Rules 3.19A and/or 3.19B. It also appears that Dr Schwer may have breached section 205G of the Corporations
Act 2001 (Cth).
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ASX Customer Service Centre 131 279 | asx.com.au
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Request for Information
Under Listing Rule 18.7, we ask that you answer each of the following questions having regard to Listing Rules
3.19A and 3.19B and Guidance Note 22: Director Disclosure of Interests and Transactions in Securities -
Obligations of Listed Entities.
1. Please explain why the Appendix 3Y was lodged late.
2. What arrangements does EOS have in place under Listing Rule 3.19B with its directors to ensure that it is able
to meet its disclosure obligations under Listing Rule 3.19A?
3. If the current arrangements are inadequate or not being enforced, what additional steps does EOS intend to
take to ensure compliance with Listing Rule 3.19B?
When and where to send your response
This request is made under Listing Rule 18.7. Your response is required as soon as reasonably possible and, in
any event, by no later than 9:00 AM AEST Tuesday, 7 July 2026. You should note that if the information
requested by this letter is information required to be given to ASX under Listing Rule 3.1 and it does not fall
within the exceptions mentioned in Listing Rule 3.1A, EOS’s obligation is to disclose the information
‘immediately’. This may require the information to be disclosed before the deadline set out in the previous
paragraph and may require EOS to request a trading halt immediately.
Your response should be sent to me by e-mail at ListingsComplianceSydney@asx.com.au. It should not be sent
directly to the ASX Market Announcements Office. This is to allow me to review your response to confirm that
it is in a form appropriate for release to the market, before it is published on the ASX Market Announcements
Platform.
Trading halt
If you are unable to respond to this letter by the time specified above, you should discuss with us whether it is
appropriate to request a trading halt in EOS’s securities under Listing Rule 17.1. If you wish a trading halt, you
must tell us:
• the reasons for the trading halt;
• how long you want the trading halt to last;
• the event you expect to happen that will end the trading halt;
• that you are not aware of any reason why the trading halt should not be granted; and
• any other information necessary to inform the market about the trading halt, or that we ask for.
We require the request for a trading halt to be in writing. The trading halt cannot extend past the
commencement of normal trading on the second day after the day on which it is granted. You can find further
information about trading halts in Guidance Note 16 Trading Halts & Voluntary Suspensions.
Suspension
If you are unable to respond to this letter by the time specified above, ASX will likely suspend trading in EOS’s
securities under Listing Rule 17.3.
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ASX Customer Service Centre 131 279 | asx.com.au
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Listing Rules 3.1 and 3.1A
In responding to this letter, you should have regard to EOS’s obligations under Listing Rules 3.1 and 3.1A and
also to Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 – 3.1B. It should be noted that EOS’s obligation
to disclose information under Listing Rule 3.1 is not confined to, nor is it necessarily satisfied by, answering the
questions set out in this letter.
Release of correspondence between ASX and entity
ASX reserves the right to release all or any part of this letter, your reply and any other related correspondence
between us to the market under Listing Rule 18.7A.
Yours faithfully
ASX Compliance
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