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ARTICLE · 21 OCTOBER 2016

ASIC re-releases guidance on mining and resources forward looking statements

The re-released INFO 214 has some notable differences from the first iteration of Information Sheet 214.

AustraliaFinance and Banking

In this alert, Special Counsel Peter Burge and Senior Associate Luke Dawson comment on the changes to ASIC Information Sheet 214 "Mining and resources – Forward-looking statements" (INFO 214).

While the re-released INFO 214 still reflects the fundamental position that issuers must have a reasonable basis for making any forward looking statements as to production targets, forecast financial information or income-based valuations, the re-released INFO 214 also has some notable differences from the first iteration of INFO 214.

Mineral resource estimations

The re-leased INFO 214 clarifies that an issuer may make a forward-looking statement on the basis of mineral resources estimates if it has a reasonable basis for making them. An important aspect of this is the issuer's consideration of the JORC 'modifying factors'.

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