XTEK Limited
Annual Report 2022

Plain-text annual report

Innovation Leadership Growth Annual Report 2022 XTEK8s purpose PROTECT THE FRONTLINE PROTECTORS Contents About Us Company Overview Ballistics Division Technology Division Chairman9s Report & Financial Highlights 01 02 04 06 08 Group CEO9s Report & Operational Highlights Board and Management Directors9 Report Financial Statements Corporate Directory 10 12 14 21 78 XTEK Limited | Annual Report 2022 01 XTEK8s business IS PROVIDING HIGH1QUALITY SPECIALIST PRODUCTS AND TAILORED SOLUTIONS TO MILITARY, LAW ENFORCEMENT AND GOVERNMENT AGENCIES XTEK8s focus IS ON GROWING ITS GLOBAL SALES AND DISTRIBUTION NETWORK IN NEW MARKETS FOR ITS HIGH PERFORMANCE BALLISTIC PRODUCTS AND TECHNOLOGY SOLUTIONS XTEK Limited | Annual Report 2022 02 XTEK Group XTEK GROUP IS AN ASX LISTED INTERNATIONAL DEFENCE INDUSTRY COMPANY. XTEK Limited | Annual Report 2022 03 THE GROUP OPERATES AS TWO DISTINCT DIVISIONS 3 BALLISTICS & TECHNOLOGY. Ballistics Division (HighCom) Technology Division Focused on designing, manufacturing, and supplying global military, law enforcement, and first responder customers with world1class, advanced personal protection ballistic products and solutions for: " Body Armour " Ballistic Helmets " Composite Structures Focused on manufacturing and supplying global Defence and Security Agencies with world1leading Australian1made and globally sourced: " Systems 3 UAVs & UGVs solutions " Sensors 3 Detection & Optical Payloads " Software 3 3D Mapping & Modelling SW & Tactical Situational Awareness SW " Support 3 System Integration, Training, & Service Support XTEK Limited | Annual Report 2022 04 Ballistics Division (HighCom) Production facilities: " Columbus Manufacturing Centre (CMC), OH, USA " Adelaide Manufacturing Centre (AMC), SA, Australia Focused on designing, manufacturing, and supplying global military, law enforcement, and first responder customers with world1class, advanced personal protection ballistic products and solutions for: " Body Armour " Ballistic Helmets " Composite Structures Columbus Manufacturing Centre Adelaide Manufacturing Centre XTEK Limited | Annual Report 2022 05 Revenue Attribution (A$m) Ballistics Division (HighCom) contribution of $47.0m (81%) of Group in FY22 vs $16.1m (58%) in FY21 $47.0m of Group in FY22 1 $100m global opportunity pipeline $100m of international opportunities in various stages of qualification in Europe, the USA, the Asia Pacific, and other regions XTEK Limited | Annual Report 2022 06 Technology Division Co1located with Corporate Headquarters in Canberra, ACT, Australia. Focused on manufacturing and supplying global Defence and Security Agencies with world1leading Australian1made and globally sourced: " Systems 3 UAVs & UGVs solutions " Sensors 3 Detection & Optical Payloads " Software 3 3D Mapping & Modelling SW & Tactical Situational Awareness SW " Support 3 System Integration, Training, & Service Support Our world leading OEM systems partners Revenue Attribution (A$m) Technology Division contribution of $11.1m (19%) of Group in FY22 vs $12.1m (42%) in FY21 1 $11.1m of Group in FY22 XTEK Limited | Annual Report 2022 07 The Technology Division has a pipeline of opportunities exceeding $30m for new systems and new support contracts across Australia and New Zealand. CHAIRMAN9S REPORT XTEK Limited | Annual Report 2022 0 Dear Shareholders, I AM PLEASED TO PRESENT THE FY22 ANNUAL REPORT, MY FIRST AS THE CHAIRMAN, ON BEHALF OF THE BOARD OF DIRECTORS OF XTEK LIMITED ( 90 $ 10,30,30 10,,23 10,30,30 10,,23 1,1 1,1 1,3 1,3 1,0,1 1,0,1 , , 2,3 2,3 , , 13,2 13,2 2022 Trade receivables Total 2021 Trade receivables Total of all trade receivables at 30 June 2022 were received by 31 August 2022. The Group does not hold any financial assets with terms that have been renegotiated, but which would otherwise be past due or impaired. The other classes of receivables do not contain impaired assets. The carrying value of trade receivables is considered a reasonable approximation of fair value due to the short1term nature of the balances. The maximum exposure to credit risk at the reporting date is the fair value of each class of receivables in the financial statements. 14 Inventories CURRENT Work in progress Products and spare parts 2022 $ 2021 $ 1,2,1 1,0,3 1,, ,02,3 1,1,312 10,3,212 During the 2022 financial year inventory write downs totalled $2.m which predominantly related to the Virolens stock purchased in FY20121. (2021: nil). Any expense would be included in the changes in inventories of finished goods and work in progress in the Statement of Comprehensive Income. 15 Other Current Assets CURRENT Prepayments Short1term loan The accompanying notes form part of these financial statements. 2022 $ 1,33,23 ,00 1,30,23 2021 $ 1,0 22,2 ,12 Notes to the Financial Statements continued 16 Property, Plant and Equipment PROPERTY, PLANT AND EQUIPMENT Plant and equipment At cost Accumulated depreciation Total plant and equipment Office furniture and equipment At cost Accumulated depreciation Total office furniture and equipment Motor vehicles At cost Accumulated depreciation Total motor vehicles Demonstration equipment At cost Accumulated depreciation Total demonstration equipment Computer software At cost Accumulated depreciation Total computer software Leasehold improvements At cost Accumulated depreciation Total leasehold improvements UAS At cost Total UAS Sub1total Right of use, lease assets At cost Accumulated depreciation Total right of use, lease assets Total property, plant and equipment The accompanying notes form part of these financial statements. XTEK Limited | Annual Report 2022 43 2022 $ 2021 $ 11,22,3 ,0,22 (2,11,1) (1,31,) ,0, ,1,32 21, ,01 (0,2) (2,1) 11, 22,203 13,020 (,21) 10,2 1,1 (,2) 2,23 21, 21, (20,1) (13,02) 3,0 ,0 01,1 1,3 (31,1) (20,2) 210,013 301,3 2, 00,3 (00,30) (2,) 23,1 22,0 1,312 1,312 1,312 1,312 10,1,12 ,1,22 3,1,02 3,03,0 (1,,0) (0,30) 1,1,1 2,03,02 12,23, 11,,02 Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 44 (A) MOVEMENTS IN CARRYING AMOUNTS OF PROPERTY, PLANT AND EQUIPMENT Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year: Year ended 30 June 2022 Balance at the beginning of year Additions Disposals Depreciation expense Transfer Foreign exchange movement Balance at the end of the year Year ended 30 June 2022 Balance at the beginning of year Additions Disposals Depreciation expense Transfer Foreign exchange movement Balance at the end of the year Year ended 30 June 2021 Balance at the beginning of year Additions Disposals Depreciation expense Revaluation Plant and Equipment $ Office Furniture and Equipment $ ,1,32 1,1,21 22,203 23,0 (2,1) (20) Motor Vehicles $ 2,23 ,12 3 Demon1 stration Equipment $ Computer Software $ ,0 3 3 301,3 2,3 3 (0,330) (11,22) (,) (21,1) (11,1) (2,22) ,2 ,0, 3 2,22 11, 3 ,0 10,2 3 3 3 3,131 3,0 210,013 Leasehold Improvements $ Right of Use, Lease Assets $ UAS $ Total $ 22,0 1,21 3 (122,1) 3 ,130 1,312 2,03,02 11,,02 3 3 3 3 3 121,23 1,, 3 (2,3) (3,1) (1,3,33) 3 3,3 (2,22) 1,0 23,1 1,312 1,1,1 12,23, Office Furniture and Equipment $ 23,0 , 3 Motor Vehicles $ 2,20 3 3 Demon1 stration Equipment $ Computer Software $ 3, 20,223 3 10, 21, (,20) (10,32) (,) (2,3) (13,) 3 3 3 3 3 1, 3 Plant and Equipment $ 1,21,23 ,1, (1,2) (21,) 3 Foreign exchange movement (2,2) (,332) Balance at the end of the year ,1,32 22,203 2,23 ,0 301,3 The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 45 Leasehold Improvements $ Right of Use, Lease Assets $ UAS $ Total $ 30,1 33, 3 (10,) 3 (,) 22,0 1,312 2,22,3 ,,000 3 3 3 3 3 13,3 ,,20 3 (1,1) (12,12) (1,110,3) 3 1, (100,0) (13,3) 1,312 2,03,02 11,,02 2022 $ 2021 $ 30, 321,2 ,0 (2,3) 3,23 (11,0) 3,0 32, Patents $ Certification $ Total $ 321,2 2, 3 3 3,32 31,3 2, (1,100) 3,0 0,32 Patents $ Certification $ 32, , (1,100) 3,0 3,0 Total $ 22,1 ,1 3 3 321,2 ,3 300,012 3 (11,0) (,1) 31,3 ,1 (11,0) (,1) 32, Year ended 30 June 2021 Balance at the beginning of year Additions Disposals Depreciation expense Revaluation Foreign exchange movement Balance at the end of the year 17 Intangible Assets Patent cost Certifications Ammortisation Total Intangibles (A) MOVEMENTS IN CARRYING AMOUNTS OF INTANGIBLE ASSETS Year ended 30 June 2022 Balance at the beginning of the year Additions Ammortisation Foreign exchange movement Closing value at 30 June 2022 Year ended 30 June 2021 Balance at the beginning of the year Additions Ammortisation Foreign exchange movement Closing value at 30 June 2021 The accompanying notes form part of these financial statements. XTEK Limited | Annual Report 2022 46 2022 $ 2021 $ 3,3,3 ,32,11 2,212 0,03 1,333,1 3 20, 0,02 3,, ,1, 2022 $ 2021 $ 1,0,303 1,0,303 2,22,01 2,22,01 2022 $ 13,0 13,0 2021 $ 13,30 13,30 2022 $ 2021 $ 01,10 01,10 1,33,00 1,33,00 Notes to the Financial Statements continued 18 Trade and Other Payables/Borrowings (A) TRADE AND OTHER PAYABLES 3 CURRENT Current Trade and other payables GST payable Lease liability: AASB1 Sundry payable and accrued expenses (A) TRADE AND OTHER PAYABLES 3 NON1CURRENT Non1Current Lease liability: AASB 1 (B) BORROWINGS 3 CURRENT Current Bank loan 3 interest bearing (see note 21) (B) BORROWINGS 3 NON1CURRENT Non1current Bank loan 3 interest bearing (see note 21) The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 47 19 Employee Benefits Current liabilities Annual leave provision Long service leave Non1current liabilities Long service leave Nature and timing of provisions 2022 $ 2021 $ 31,3 1,3 ,0 2022 $ 33,320 33,320 01, 1,32 ,13 2021 $ 3,0 3,0 Refer to Note 3 (n) for the relevant accounting policy and discussion of the significant estimations and assumptions applied in the measurement of this provision. 20 Contract Liabilities CURRENT Customer deposits Total NON1CURRENT Customer deposits Total 2022 $ 2,22 2,22 2022 $ 1,1 1,1 2021 $ 3,11 3,11 2021 $ 1,0 1,0 21 Interest Bearing Liabilities At 30 June 2022 the only borrowings of the Group were the Commonwealth Bank loan of $1,1,0. At 30 June 2021: $1,2,33. (Subsequent to the end of the financial year, the Commonwealth Bank loan was paid out in full.) During 2021122 FY, HighCom (US subsidiary) had two loan facilities with PNC Bank which were paid out in full in June 2022. 22 Issued Capital 100,20,2 (2021: 1,03,) Ordinary shares Total There were no options on issue at 30 June 2022 (30 June 2021: nil). The accompanying notes form part of these financial statements. 2022 $ 2021 $ 2,01,01 ,03,11 2,01,01 ,03,11 Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 4 (A) MOVEMENT IN ORDINARY SHARES Opening balance Shares issued 2022 No. 2022 $ 2021 No. 2021 $ 1,03, ,03,11 3,1,20 33,1,2 2,3, ,1, 1,,30 12,11, Transaction cost in relation to capital 3 (,2) 3 (,1) Total 100,20,2 2,01,01 1,03, ,03,11 (B) EXPIRED OPTIONS AND SHARE PERFORMANCE RIGHTS There were no options on issue at 30 June 2022 (30 June 2021: nil). There were no share performance rights exercisable at the end of any prior year. As at 30 June 2022 there were no unissued shares nor were there any at the end of any prior year. (C) CAPITAL MANAGEMENT When managing capital, management9s objective is to ensure the entity continues as a going concern as well as to maintain optimal returns to shareholders and benefits for other stakeholders. Management also aims to maintain a capital structure that ensures the lowest cost of capital available to the entity. No dividends were declared on or before or subsequent to the end of the financial year. 23 Earnings Per Share Basic earnings per share amounts are calculated by dividing net profit for the year attributable to ordinary equity holders of the Company (after declaring interest on the convertible redeemable preference shares) by the weighted average number of ordinary shares outstanding during the year. Diluted earnings per share amounts are calculated by dividing the net profit attributable to ordinary equity holders of the Company (after deducting interest on the convertible redeemable preference shares) by the weighted average number of ordinary shares outstanding during the year plus the weighted average number of ordinary shares that would be issued on the conversion of all potential shares into ordinary shares. Basic profit per share Dilutive profit per share RECONCILIATIONS OF EARNINGS USED IN CALCULATING BASIC AND DILUTED EARNINGS PER SHARE (a) Reconciliation of earnings to profit or loss from continuing operations Profit from continuing operations 2022 $ 0.03 0.03 2021 $ (0.0) (0.0) 2022 $ 2021 $ ,3,30 (3,,) Earnings used in the calculation of dilutive EPS from continuing operations ,3,30 (3,,) (b) Earnings used to calculate overall earnings per share Earnings used to calculate overall earnings per share The accompanying notes form part of these financial statements. 2022 $ 2021 $ ,3,30 (3,,) Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 4 (c) Weighted average number of ordinary shares outstanding during the year used in calculating basic EPS Weighted average number of ordinary shares outstanding during the year used in calculating basic EPS Weighted average number of ordinary shares outstanding during the year used in calculating dilutive EPS 2022 $ 2021 $ 1,,03 ,,1 1,,03 ,,1 (d) Options and share performance right Options and share performance rights granted to employees and Directors that are considered to be potential ordinary shares would be included in the determination of diluted earnings per share, to the extent to which they are dilutive. As at reporting date, no options or share performance rights have not been included in the determination of basic earnings per share. (e) Share Issuance The issued capital of XTEK Ltd & controlled entities at 30 June 2022 comprised 100,20,2 (2021: 1,03,) fully paid Ordinary Shares. There were no issued options as at 30 June 2022 (2021 nil). 24 Grants (A) GOVERNMENT GRANTS Government grants of $,21 were recognised in the 2022 financial year (FY21 3 $10,0). In financial year 2022 a Centre for Defence Industry Capability grant of $, was received for works on assets (FY21 3 nil), see the accounting policy for grants in Note 1 (u) above. 25 Cash Flow Information (A) RECONCILIATION OF CASH FLOW FROM OPERATIONS WITH PROFIT/(LOSS) AFTER INCOME TAX. Profit for the year Adjustments for non1cash flow in profits: Depreciation Bonus issue of shares to employees Finance cost on lease Loss on sale of assets Changes in assets and liabilities (Increase) in trade debtors Decrease/(Increase) in inventory (Increase)/Decrease in prepayments and other Increase/(Decrease) in trade and other payables Increase/(Decrease) in deferred income Increase/(Decrease) in employee provisions Net cash flows from/(used in) operating activities The accompanying notes form part of these financial statements. 2022 $ 2021 $ ,3,30 (3,,) 1,1,33 1,122, ,31 12,0 1,221 12,213 1,3 ,1 (,,01) 13,21,02 (,0,) (1,,21) (,31) 1,110,3 3,00,3 (,3,3) 1,1 (1,,03) (32,311) 2,21 2,,0 (2,13) Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 50 (B) NON1CASH FINANCING AND INVESTING ACTIVITIES In FY21122 no shares were issued to employees. As at 30 June 2022 , shares remain in escrow. In FY20121 20,22 shares issued to employees. As at 30 June 2021 ,1 shares remain in escrow. Shares that have vesting conditions are held in escrow and are allotted to the employee recipient after three years from the time of granting or upon their leaving the employment of the Company. 26 Share1Based Payments During the year ended 30 June 2022, no new ordinary shares were issued as part of staff incentive plans for employees of the company (FY21 20,22 new ordinary shares). Employee Share Ownership Plans The Company provides benefits to employees (including key management personnel) in the form of share1based payments, whereby employees render services in exchange for shares or rights over shares (8equity settled transactions9). There are currently two plans in place: (i) the XTEK Employee Incentive Plan; and (ii) the Employee Tax Exempt Share Plan, which provides benefits to all eligible employees. The cost of these equity settled transactions with employees is measured by reference to the fair value at the date at which they were granted. Share Options and Share Performance Rights There were no unlisted options at 30 June 2022 (2021: nil). There were no options or share performance rights in the hands of staff issued at the start of financial year 2022 or the prior year. There were no options or share performance rights in the hands of staff exercisable at the end of the year or any prior year. As at 30 June 2021, there were no unissued shares. Employee/Director Share Issue The Board may approve a bonus comprising cash and fully paid ordinary shares separate from the LTIP 3 note 3(s). No non1executive director bonus was paid in FY22 (FY21 3 nil). Weighted Average Share Price The weighted average market price at 30 June 2022 was 33. cents (2021: 0.0 cents). 27 Events Occurring After the Reporting Date The financial report was authorised for issue on 30 September 2022 by the Board of Directors. No matters or circumstances have arisen since the end of the financial year which significantly affected or could significantly affect the operations of the Group, the results of those operations, or the state of affairs of the Group in future financial years. The COVID11 outbreak has impacted the way of life in Australia. This has affected the ability of the Group to continue operations as usual and has impacted on its operating results. In accordance with national guidelines, the Group has implemented remote working arrangements in response to government requirements and to ensure the wellbeing and safety of all employees and visitors. The Group has determined that there are no going concern risks arising from the impact of the COVID11 outbreak and has risk mitigation strategies in place with regards to COVID11 outbreaks and other ongoing impacts The board members have determined that the Company remains in a healthy position. The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 51 28 Related Parties (A) THE GROUP9S MAIN RELATED PARTIES ARE AS FOLLOWS: 1. Entities The Group is XTEK Limited and its wholly owned subsidiaries:  Simmersion Holdings Pty Ltd.  HighCom International, Inc (formerly XTEK, Inc) (registered in Delaware, USA) is the owner of HighCom Armor Solutions, Inc. The financial details for the Parent entity are at Note 31. 2. Directors Details of all Directors can be found in the Directors9 Report. 3. Key management personnel Disclosures relating to key management personnel are set out in the remuneration report. (B) TRANSACTIONS WITH RELATED PARTIES Transactions between related parties, if they occur, are on normal commercial terms and conditions no more favourable than those available to other parties unless otherwise stated. The following transactions occurred with related parties.   In September 2021 an unsecured loan facility for $1,000,000 was established but not drawn. The firm paid $20,000 establishment fee to UDB Pty Ltd a company associated with Mr Uwe Boettcher, former Chairman of XTEK Ltd; and In FY22 from March to June 2022, $0,13 was paid for advisory services to Arican Pty Ltd a company related to Mr. Mark Stevens current Chairman of XTEK Ltd. Invoices were paid on seven day terms. There were no related party transactions in the 2020121 year. 29 Financial Risk Management The Group is exposed to a variety of financial risks through its use of financial instruments. The Group8s overall risk management plan seeks to minimise potential adverse effects due to the unpredictability of financial markets. The most significant financial risks to which the Group is exposed to are described below. Specific risks Liquidity risk   Credit risk  Market risk currency risk, interest rate risk and price risk Financial instruments used The principal categories of financial instrument used by the Group are described below. Trade receivables   Cash at bank  Trade and other payables The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 52 Summary Table Financial assets Held at amortised cost Cash and cash equivalents Trade and other receivables Total financial assets Financial liabilities Financial liabilities at fair value Trade and other payables Borrowings Total financial liabilities 2022 $ 2021 $ 3,1,2 ,01,223 10,,02 1,1,00 ,,1 ,2,230 3,3,3 ,32,11 1,1,0 1,2,3 3,2,33 ,2,2 The Group has not restated comparatives when initially applying AASB , the comparative information has been prepared under AASB 13 Financial Instruments: Recognition and Measurement. FINANCIAL RISK MANAGEMENT Objectives, policies and processes The Board of Directors has overall responsibility for the establishment of the Group9s financial risk management framework. This includes the development of policies covering specific areas such as foreign exchange risk, interest rate risk, credit risk and the use of derivatives. Risk management policies and systems are reviewed regularly to reflect changes in market conditions and the Group9s activities. The day1to1day risk management is carried out by the Group9s finance function under policies and objectives which have been approved by the Board of Directors. The Chief Financial Officer has been delegated the authority for designing and implementing processes which follow the objectives and policies. This includes monitoring the levels of exposure to interest rate and foreign exchange rate risk and assessment of market forecasts for interest rate and foreign exchange movements. The Board of Directors receives monthly reports which provide details of the effectiveness of the processes and policies in place. The XTEK Group does not engage in the trading of financial assets for speculative purposes. Mitigation strategies for specific risks faced are described below. Liquidity risk Liquidity risk arises from the Group9s management of working capital and the finance charges and principal repayments on its debt instruments. It is the risk that the Group could encounter difficulty in meeting its financial obligations as they fall due. The Group9s policy is to ensure that it will always have sufficient cash to allow it to meet its liabilities as and when they fall due. The Group maintains cash and marketable securities to meet its liquidity requirements for up to 30day periods. Funding for long1term liquidity needs is additionally secured by an adequate amount of committed credit facilities and the ability to sell long1term financial assets. The Group manages its liquidity needs by carefully monitoring scheduled debt servicing payments for long1term financial liabilities as well as cash1outflows due in day1to1day business. The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 53 Liquidity needs are monitored in various time bands, on a day1to1day and week1to1week basis, as well as on the basis of a rolling 30day projection. Long1term liquidity needs for a 10day and a 30day period are identified monthly. At the reporting date, these reports indicate that the Group expected to have sufficient liquid resources to meet its obligations under all reasonably expected circumstances and will not need to establish a financing facilities. Financial guarantee liabilities are treated as payable on demand since the Group has no control over the timing of any potential settlement of the liabilities. The timing of cash flows presented in the table to settle financial liabilities reflects the earliest contractual settlement dates and does not reflect management9s expectations that banking facilities will be rolled forward. The amounts disclosed in the table are the undiscounted contracted cash flows and therefore the balances in the table may not equal the balances in the statement of financial position due to the effect of discounting. The Group9s liabilities have contractual maturities which are summarised below: Trade payables Total Credit risk Not > 1 month Total 2022 $ 2,,11 2,,11 2021 $ ,231,00 ,231,00 2022 $ 2,,11 2,,11 2021 $ ,231,00 ,231,00 Credit risk arises from the financial assets of the Group, which comprise cash and cash equivalents and trade and other receivables. The Group9s exposure to credit risk arises from the potential default of the counter party, with a maximum exposure being equal to the carrying amount of these instruments. Exposure at statement of financial position date is addressed in each applicable note. The Group trades only with recognised, creditworthy third parties, and as such collateral is not requested nor is it the Group9s policy to securitise its trade and other receivables. The Group minimises concentrations of credit risk in relation to trade and other receivables by undertaking transactions with a large number of government entities. It is the Group9s policy that all non1government customers who wish to trade on credit terms are subject to credit verification procedures including an assessment of their financial position, past experience and industry reputation. In addition, receivables balances are monitored on an ongoing basis with the result that the Group9s exposure to bad debts is not significant. Market risk Market risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices. (i) Foreign exchange risk The Group has transactional currency exposures. Such exposure arises from sales or purchases by the Group in currencies other than the Group9s functional currency. Approximately (2021: 0) of the Group9s purchases are denominated in currencies other than the functional currency of the Group, whilst of sales are denominated in the Group9s functional currency (2021: 1). The following sensitivity analysis is based on the foreign currency risk exposures in the Statement of Financial Position as they relate to the Parent Entity. Movements in the value of the assets of the foreign subsidiary have no immediate impact on the profit/loss of the Group as variations in the exchange rate impact the foreign exchange reserve (see Note 30 (a) not the Consolidated Statement of Profit or Loss and Other Comprehensive Income. The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 54 At 30 June 2022, had the Australian Dollar moved, with all other variables held constant, post1tax profit/(loss) would have been affected as follows: USD Net results EUR Net results GBP Net results NZD Net results Market risk (i) Foreign exchange risk 2022 +10% $ 110% $ 2021 +10% $ 110% $ 31,1 (3,2) 20,30 (32,0) , (,1) 2,0 (32,3) 00 10 () 1, (2,010) (132) 1 (2) Exposure to foreign exchange rates vary during the year depending on the volume of overseas trading transactions. Nonetheless, the analysis table is considered to be representative of the Group9s exposure to foreign currency risk through the year. In order to minimize XTEK9s exposure to currency fluctuation, the firm is increasingly negotiating with government customers for them to accept invoices in the source currency of the manufacturer. This gives us a natural offset in the invoicing and cost base. With the Group9s increased level of trade throughout North America and Europe (ii) Interest rate risk The Group9s exposure to market interest rates relates primarily to the cash at bank. At reporting date, the Company had financial assets comprising cash and cash equivalents totalling $3,1,2 (2021: $,01,223) exposed to variable interest rate risk that are not designated in cash flow hedges. The following sensitivity analysis is based on the interest rate risk exposures in existence at reporting date. At 30 June 2022, if interest rates had moved, as illustrated in the table below, with all other variables held constant, the post1tax net profit/(loss) for the period and equity would have been affected as below. The calculations are based on the financial instruments held at each reporting date. All other variables are held constant. For cash held Net results Equity For borrowings Net results Equity 2022 2021 +1.00% $ 31, 31, 11.00% $ (31,) (31,) +1.00% $ ,012 ,012 2022 2021 +1.00% $ 1,1 1,1 11.00% $ (1,1) (1,1) +1.00% $ 1,23 1,23 10.01% $ (0) (0) 11.00% $ (1,23) (1,23) The accompanying notes form part of these financial statements. XTEK Limited | Annual Report 2022 55 Notes to the Financial Statements continued 30 Reserves and Retained (losses)/profits EQUITY BASED PAYMENT RESERVE Equity based payments reserve consists of:  premium paid on the purchase of Simmersion Holdings Pty Ltd during FY1;   share performance rights granted to Executives and Management during 200, and options and share performance rights granted to Directors and Executives during 200 credited against equity during the year. 2022 $ 1,2 3 1,2 2021 $ 1,2 3 1,2 (3,22) 1,13 3,00 2, (33,) (3,22) 3,02 ,30 1,2 2,221 ,21 3,02 310,30 (332,0) 2022 $ 2021 $ (23,2,) (1,322,3) ,3,30 (3,,) 3 3 (1,,) (23,2,) (a) Movement in reserves Capital reserve Balance at the beginning of the year Transfer to Retained Earnings Balance Capital Reserve Foreign Exchange Reserve Balance at the beginning of the year Creation on consolidation of subsidiaries Balance Foreign Exchange Reserve Equity Based Payment Reserve Balance at the beginning of the year Equity Based Payments Balance Equity Based Payment Reserve Balance at the end of the year (b) Accumulated Losses Movement in accumulated profit/(losses) were as follows: Balance at the beginning of the year Profit/(losses) for the year Transfer to Retained Earnings Balance at the end of the year The accompanying notes form part of these financial statements. Notes to the Financial Statements continued XTEK Limited | Annual Report 2022 56 31 Parent Entity The following information has been extracted from the books and records of the parent, XTEK Limited and has been prepared in accordance with Accounting Standards. The financial information for the parent entity, XTEK Limited has been prepared on the same basis as the consolidated financial statements except as disclosed below. Statement of Financial Position Assets Current assets Non1current assets Total Assets Liabilities Current liabilities Non1current liabilities Total Liabilities Net Assets Equity Issued capital Retained earnings Reserves Total Equity Statement of Profit or Loss and Other Comprehensive Income Total profit or loss for the year Total comprehensive income 32 Contingencies 2022 $ 2021 $ 32,2,0 1,23,133 ,3, 10,, 1,1, 2,1, 11,3,23 ,1,0 1,,0 2,02,301 13,21,3 ,3,1 2,0,1 20,,3 2,01,01 ,03,11 (23,0,1) (2,,102) 3,0 3,20 2,0,1 20,,3 0, (,3,0) 0, (,3,0) There were no contingent liabilities at 30 June 2022 (At 30 June 2021 3 nil). In the 2020 financial year the US subsidiary received a forgivable loan as part of the US Government9s COVID11 stimulus package. It represented $3,0 worth of Other Income in the Group9s accounts for the 2020 financial year. The loan was subsequently forgiven in the 2021 financial year. 33 Business Combination There were no new business combinations in FY22 (FY21 3 nil). 34 Statutory Information The principal registered office and place of business, of the company is: XTEK Limited 3 Faulding Street Symonston ACT 20 The accompanying notes form part of these financial statements. DIRECTORS9 DECLARATION XTEK Limited | Annual Report 2022 57 In accordance with a resolution of the Directors of XTEK Limited, the Directors declare that: 1. The financial statements and notes are in accordance with the Corporations Act 2001 and: (a) Comply with Australian Accounting Standards, which as stated in accounting policy Note 1 to the financial statements, constitutes compliance with International Financial Reporting Standards (IFRS); and (b) Give a true and fair view of the financial position as at 30 June 2022 and of the performance for the year ended on that date for the consolidated group. 2. In the Directors9 opinion there are reasonable grounds to believe that the Group will be able to pay its debts as and when they fall due; and 3. The Directors have been given the declarations required by s 2A of the Corporations Act 2001 from the Managing Director and Chief Financial Officer. On behalf of the Board Mark Stevens Chairman Dated this 30th day of September 2022 The accompanying notes form part of these financial statements. INDEPENDENT AUDITOR9S REPORT XTEK Limited | Annual Report 2022 5 The accompanying notes form part of these financial statements. Independent Auditor9s Report continued XTEK Limited | Annual Report 2022 5 The accompanying notes form part of these financial statements. Independent Auditor9s Report continued XTEK Limited | Annual Report 2022 60 The accompanying notes form part of these financial statements. ADDITIONAL INFORMATION XTEK Limited | Annual Report 2022 61 1. The following information set out below was applicable as at 28 September 2022. 2. Shareholding (a) Distribution of Shareholders Range 1 3 1,000 1,001 3 ,000 ,001 3 10,000 10,001 3 100,000 100,001 and over Rounding Total (b) Unmarketable Parcels Minimum $ 00.00 parcel at $ 0.00 per unit (c) Top Holders (Grouped) as of 27/09/2022 Total holders 331 2 30 1 12 Units 1, 1,3,2 2,1, 21,3,330 ,30,1 % Units 0.1 1.3 2.0 21. 3. 0.00 2,108 100,620,244 100.00 Minimum Parcel Size 1,02 Holders 333 Units 1,1 Rank Name Address Units % Units 1 2 3 10 11 12 13 1 MERRILL LYNCH (AUSTRALIA) NOMINEES PTY LIMITED LEVEL 1, 120 COLLINS STREET, MELBOURNE VIC, 3000 10,2,03 10. ACM AEPF PTY LTD UDB PTY LIMITED GPO BOX 011, BRISBANE QLD, 001 PO BOX 0, MANUKA ACT, 203 CITICORP NOMINEES PTY LIMITED GPO BOX G, MELBOURNE VIC, 3001 JWT HOLDINGS PTY LIMITED BNP PARIBAS NOMINEES PTY LTD UNIT 10 GROUND FLOOR 0, EASTLAKE PDE, KINGSTON ACT, 20 PO BOX R20, ROYAL EXCHANGE NSW, 122 FAIRLANE MANAGEMENT PTY LTD PO BOX 12, CANBERRA CITY ACT, 201 ALTOR CAPITAL MANAGEMENT PTY LTD GPO BOX 011, BRISBANE QLD, 001 ALL OTHERS PTY LTD PO BOX , THREDBO NSW, 22 EMALYN HOLDINGS 1 DARLING POINT ROAD, DARLING POINT NSW, 202 BAJKOR NOMINEES PTY LTD HILLSYDE PARADE, STRATHMORE VIC, 301 NETWEALTH INVESTMENTS LIMITED C/3 CUSTODY DEPARTMENT, PO BOX 33, SOUTH MELBOURNE VIC, 320 BISSAPP SOFTWARE PTY LTD UNIT 2 3 BRADY RD, BENTLEIGH EAST VIC, 31 MR IVAN SLAVICH AKAME CIRCUIT, O'MALLEY ACT 20 ,,3 ,,10 3,12,13 2,2,01 2,10,3 2,0,0 1,1,21 1,, 1,, 1,0,3 1,3,0 1,12,31 2,0 .3 . 3.1 2. 2.0 2.0 1. 1. 1. 1.0 1.3 1.1 0. Additional Information continued XTEK Limited | Annual Report 2022 62 Rank Name Address Units % Units 1 1 1 1 1 20 BISSAPP SOFTWARE PTY LTD UNIT 2, 3 BRADY ROAD, BENTLEIGH EAST VIC, 31 ATECH GROUP PTY LIMITED 110 NORTH ISLAND LOOP ROAD, UPPER ORARA NSW, 20 ESTATE LATE NICHOLAS HENRY WEBER C/ 3 MS ANNE MCGRATH, RMB 2 MAJURA HOUSE, MAJURA ROAD MAJURA ACT, 20 MR BERT VANGHEEL + MS GILLIAN MAY HORNER UNIT 130 ST KILDA ROAD, MELBOURNE VIC, 300 DWKSJK PTY LTD BUNDARRA TRADING COMPANY PTY LTD PO BOX 2, KINGSTON NSW, 20 PO BOX 3003, BELLEVUE HILL NSW, 2023 Totals: Top 20 holders of ORDINARY FULLY PAID SHARES (Total) Total Remaining Holders Balance 3,3 , ,0 31, 03,00 0,10 48,964,831 51,655,413 0. 0. 0. 0.3 0.0 0. 48.66 51.34 3. The name of the Company Secretary is Mr. Lawrence Gardiner. 4. The address of the Principal Registered Office of XTEK Limited in Australia is 3 Faulding Street, Symonston, ACT, 2609 Telephone +61 2 6163 5588. CORPORATE GOVERNANCE STATEMENT XTEK Limited | Annual Report 2022 63 XTEK Limited and controlled entities is committed to implementing the highest standards of corporate governance. In determining what those high standards should involve, the Company has turned to the ASX Corporate Governance Council9s Corporate Governance Principles and Recommendations. The Company9s approach to corporate governance is to have a set of values and behaviours that underpin everyday activities, ensure transparency and fair dealing and protect security holder interests. This approach includes a commitment to best practice governance standards, which XTEK sees as being in the best interests of investors whilst ensuring full compliance with legal requirements. The framework for XTEK9s Corporate Governance Statement follows the Australian Securities Exchange (ASX) Corporate Governance Council9s eight principles and recommendations for Corporate Governance (th Edition) of 2 February 201. Principle 1: Lay Solid Foundations for Management and Oversight COUNCIL RECOMMENDATION 1.1: A LISTED ENTITY SHOULD DISCLOSE A BOARD CHARTER WHICH SETS OUT THE RESPECTIVE ROLES AND RESPONSIBILITIES OF THE BOARD AND MANAGEMENT AND INCLUDES A DESCRIPTION OF THOSE MATTERS EXPRESSLY RESERVED TO THE BOARD AND THOSE DELEGATED TO MANAGEMENT The Board9s role is to govern the Company rather than to manage it. In governing the Company, the Directors must act in the best interests of the Company as a whole. It is the role of senior management to manage the Company in accordance with the direction and delegations of the Board and the responsibility of the Board to oversee the activities of management in carrying out these delegated duties. In carrying out its governance role, the main task of the Board is to drive the performance of the Company. The Board must also ensure that the Company complies with all of its contractual, statutory and any other legal obligations, including the requirements of any regulatory body. The Board has the final responsibility for the successful operations of the Company. To assist the Board to carry out its functions, it has adopted a formal Charter that details functions and responsibilities of the Board and areas of authority as delegated. The Board Charter is supplemented by the Company Code of Conduct that is available to guide Non1Executive Directors, Executive Directors, Company Secretary, Chief Executive Officer, Chief Financial Officer and other senior executives and employees in the performance of their roles. Role of Chief Executive Officer The Chief Executive Officer9s role is to develop and agree with the Board the corporate strategy and vision and to oversee implementation of the strategy and management of the Company to achieve the agreed vision in accordance with the strategies, policies and programs set by the Board. Responsibilities include:  Formulating and reviewing, with the Board, the vision and strategy and developing actions and plans to achieve the vision and implement the strategy. Reporting to the Board on the progress against those plans;  Appointing a management team and negotiating terms and conditions for approval by the Human Resource and Remuneration Committee of the Board. Providing leadership to and overseeing the senior management team, ensuring employees are properly instructed to achieve a safe workplace and ensuring compliance with laws and Company policies and that a high level of ethical behaviour is practiced;  Reporting to the Board on various matters, including all matters requiring review or approval, significant changes to the risk profile, certification to the Board on the fairness of the financial statements and adequacy of policies as regards risk management, monthly reporting on performance of businesses and continual education of Directors of the Company, its business environment and relevant changes of law;  Acting within delegated authority levels for capital expenditure, sale of assets, appointment and termination of executives; and  All other matters necessary for the day1to1day management of the Company and not reserved for the Board. Induction procedures are in place to allow new executive management personnel to participate fully and actively in management decision making at the earliest opportunity upon appointment. This induction process will take into account the individuals knowledge of the Company and the homeland security industry. The induction program for senior executives is designed to make available the Company9s financial position, strategies, operations and risk management policies. Also, the respective rights, duties, responsibilities and roles of the Board and senior executives. Corporate Governance Statement continued XTEK Limited | Annual Report 2022 64 Responsibilities of the Board of Directors In general, the Board is responsible for, and has the authority to determine, all matters relating to the policies, practices, management and operations of the Company. It is required to do all things that may be necessary to be done in order to carry out the objectives of the Company. Without intending to limit this general role of the Board, the principal functions and responsibilities of the Board include the following:  Leadership of the Organisation: overseeing the Company and establishing codes that reflect the values of the Company and guide the conduct of the Board, management and employees;  Strategy Formulation: working with senior management to set and review the overall strategy and goals for the Company and ensuring that there are policies in place to govern the operation of the Company;  Overseeing Planning Activities: overseeing the development of the Company9s strategic plan and approving that plan as well as the annual and long1term budgets;  Shareholder Liaison: ensuring effective communications with shareholders through an appropriate communications policy and promoting participation at general meetings of the Company;  Monitoring, Compliance and Risk Management: overseeing the Company9s risk management, compliance, control and accountability systems and reviewing the effectiveness and directing the financial and operational performance of the Company;  Company Finances: approving expenses in excess of those approved under the Company authorisations process and approving and monitoring acquisitions, divestitures and financial and other reporting;  Human Resources: appointing, and, where appropriate, removing the Chief Executive Officer, Company Secretary, Chief Financial Officer (CFO) as well as reviewing the performance of the Chief Executive Officer and monitoring the performance of senior management in their implementation of the Company9s strategy;  Ensuring the health, safety and well1being of Employees: in conjunction with the senior management team, developing, overseeing and reviewing the effectiveness of the Company9s occupational health and safety systems to ensure the well1being of all employees; and  Delegation of Authority: delegating appropriate powers to the Chief Executive Officer to ensure the effective day1to1day management of the Company and establishing and determining the powers and functions of the Committees of the Board. Whilst at all times the Board retains full responsibility for guiding and monitoring the Company, in discharging its stewardship it makes use of sub1committees. Specialist committees are able to focus on a particular responsibility and provide informed feedback to the Board. The Board has established the following Standing Committees, details of which are included later in this Corporate Governance Statement: Finance and Audit Committee   Human Resources and Remuneration Committee  Nomination Committee  Risk Management Committee The Board is responsible for ensuring that management9s objectives and activities are aligned with the expectations and risks identified by the Board. The Board has a number of mechanisms in place to ensure this is achieved including:  Board approval of strategic plans designed to meet stakeholders9 needs and manage business risk;  Reviewing, ratifying and monitoring systems of risk management and internal control, codes of conduct and legal compliance;  Ongoing development of strategic plans and approving initiatives and strategies designed to ensure the continued growth and success of the entity; and  Implementation of budgets by management and monitoring progress against budget. This is achieved by the establishment and reporting of both financial and non1financial key performance indicators. Corporate Governance Statement continued XTEK Limited | Annual Report 2022 65 Other matters expressly reserved for the Board of Directors The following matters and responsibilities have been expressly reserved for the Board:  Approval of the annual and half1yearly financial reports;  Approving and monitoring the progress of major capital expenditure, capital management, and acquisitions and divestitures;    Reporting to security holders. Ensuring that any significant corporate risks that arise are identified, assessed, appropriately managed and monitored; Ensuring appropriate resources are available to senior executives; and Full details of the Board9s role and responsibilities are contained in the Board Charter, a copy of which is contained on the Company9s website at the Corporate Governance Section. The Company complies with Recommendation 1.1. COUNCIL RECOMMENDATION 1.2: A LISTED ENTITY SHOULD UNDERTAKE APPROPRIATE CHECKS BEFORE APPOINTING A DIRECTOR OR SENIOR EXECUTIVE OR PUTTING SOMEONE FORWARD FOR ELECTION AS A DIRECTOR AND PROVIDE SECURITY HOLDERS WITH ALL MATERIAL INFORMATION IN ITS POSSESSION RELEVANT TO A DECISION ON WHETHER OR NOT TO ELECT OR RE1ELECT A DIRECTOR. The Company has adopted a policy as developed by the Nomination Committee for the selection and appointment of Directors. This policy defines procedural processes for the appointment of new Directors and the re1election of incumbent Directors. As part of this process, the Company undertakes appropriate background checks on all candidates being considered for appointment. Directors are appointed based on the specific governance skills required by the Company to fill Board vacancies when they arise. The Company discloses all material information to security holders in its possession relevant to a decision on whether or not to elect or re1elect a Director. This is achieved primarily through the release of information contained within the Notice of Annual General Meeting of the Company covering motions on the election and re1election of Directors. The Company complies with Recommendation 1.2. COUNCIL RECOMMENDATION 1.3: A LISTED ENTITY SHOULD HAVE A WRITTEN AGREEMENT WITH EACH DIRECTOR AND SENIOR EXECUTIVE SETTING OUT THE TERMS OF THEIR APPOINTMENT. All new Directors and Senior Executives are provided with a letter of appointment and contractual agreements setting out terms of the appointment, which include the Company9s expectations, their individual responsibilities, rights and terms and conditions of their appointment. By way of induction, new Directors and Executives meet with the Chairman and Company Secretary upon appointment. These briefings cover the operation of the Board and its Committees and financial, strategic, operations and risk management issues. The Company complies with Recommendation 1.3. COUNCIL RECOMMENDATION 1.4: THE COMPANY SECRETARY OF A LISTED ENTITY SHOULD BE ACCOUNTABLE DIRECTLY TO THE BOARD, THROUGH THE CHAIR, ON ALL MATTERS TO DO WITH THE PROPER FUNCTIONING OF THE BOARD. The Board has designated the Company Secretary as the Officer responsible for oversighting all governance matters and coordinating disclosure of information to the ASX as well as communicating with the ASX. The Company Secretary is responsible for ensuring that all Company announcements are made in a timely manner and are factual and do not omit any material information. In addition, the Company Secretary is also responsible for the following matters: advising the Board and its Committees on all governance matters;   monitoring of Board policy and procedures to ensure compliance standards are met by the Company;  ensuring the business of the Board/Committee meetings are accurately recorded in official Minutes and disseminated in a timely manner;    overseeing and coordinating information disclosure to the ASX, security holders, analysts, brokers, the media and the public; advising Directors and staff on the Company9s governance and disclosure policies and raising awareness of the principles underlying continuous disclosure; and facilitating the induction and professional development of new Directors and Executives. The Company complies with Recommendation 1.. Corporate Governance Statement continued XTEK Limited | Annual Report 2022 66 COUNCIL RECOMMENDATION 1.5: A LISTED ENTITY SHOULD HAVE A DISCLOSABLE DIVERSITY POLICY WHICH INCLUDES REQUIREMENTS TO SET MEASURABLE OBJECTIVES FOR ACHIEVING GENDER DIVERSITY. The Company is committed to providing a safe working environment and equal employment opportunities for all Directors, executives and employees at all levels within the Company. Whilst the Company is not subject to the provisions of The Workplace Gender Equality Act, in that it employs less than 100 employees, it does recognise the importance of diversity within the workplace. The Company operates as an equal opportunity Employer and selects personnel based upon the principle of the best person for the role/job, irrespective of gender, age, sexual orientation, ethnicity, marital or family status and religious or cultural background. The Company Code of Conduct defines that discrimination, harassment, vilification and victimisation cannot and will not be tolerated. Recruitment and selection practices at all levels are appropriately structured to ensure all candidates are considered and that no conscious or unconscious biases are applied against certain candidates. The Company is a small business enterprise with less than 0 personnel overall (inclusive of the Board). None1the1less, the Company has successfully employed a number of women to management roles in recent years. Whilst the Company does not comply with Recommendation 1. fully, it nonetheless applies many of the core principles through its Code of Conduct provisions. COUNCIL RECOMMENDATION 1.6: A LISTED ENTITY SHOULD HAVE AND DISCLOSE A PROCESS FOR PERIODICALLY EVALUATING THE BOARD, COMMITTEES AND INDIVIDUAL DIRECTORS AND DISCLOSE FOR THE REPORTING PERIOD WHETHER A PERFORMANCE EVALUATION HAS BEEN UNDERTAKEN. The Nomination Committee of the Board is responsible for the conduct of a performance review of the Board (both collectively and individually) and the Chief Executive Officer. This is an annual evaluation process and is based on a number of goals for the Board and the individual Directors that have been established in the preceding year. The goals are based on the role of the Board and individual Directors as well as corporate objectives and any areas for improvement identified in previous reviews. The assessment of the performance of individual Directors is undertaken by the Nomination Committee, with the Chairman meeting privately with each Director, Company Secretary and the Chief Executive Officer to discuss their annual assessment. Performance assessments were conducted during the FY22 reporting period, with the Chairman meeting with all Directors and the Company Secretary. The Company complies with Recommendation 1.. COUNCIL RECOMMENDATION 1.7: A LISTED ENTITY SHOULD HAVE AND DISCLOSE A PROCESS FOR PERIODICALLY EVALUATING THE PERFORMANCE OF ITS SENIOR EXECUTIVES AND DISCLOSE FOR THE REPORTING PERIOD WHETHER A PERFORMANCE EVALUATION HAS BEEN UNDERTAKEN. The performance of senior executives is reviewed regularly through the application of a Performance Appraisal Program (PAP) that defines appropriate evaluation measures to be applied in the assessment process. Each year senior executives establish a set of performance targets. These targets are aligned to overall business goals and the Company9s requirements. The PAP is administered annually for all senior executives with the Chief Executive Officer being responsible for their individual assessment and subsequent reporting of outcomes to the Board. The Board is responsible for the performance assessment of the Chief Executive Officer, Company Secretary and the Chief Financial Officer in accordance with contractual performance measures and deliverables. An informal review of the PAP outcomes for other senior executives and staff is carried out annually by the Human Resource and Remuneration Committee. Performance assessment was conducted for all senior executives during the FY22 reporting period. A statement outlining specific matters reserved for the Board and Executive Management are contained in the Board Charter, a copy of which is posted on the Company9s website at the Corporate Governance Section. The Company complies with Recommendation 1.. Principle 2: Structure of the board to add value COUNCIL RECOMMENDATION 2.1: THE BOARD OF A LISTED ENTITY SHOULD HAVE A NOMINATION COMMITTEE Nomination Committee The role of the Nomination Committee is to help achieve a structured Board that adds value to the Company by ensuring an appropriate mix of skills are present in Directors on the Board at all times. Under the Company9s Constitution, the Board shall be comprised of not less than three and no more than twelve Directors, unless otherwise determined by a general meeting. In consideration of the size of the Company and the Board, the Directors have resolved that the Nomination Committee shall comprise a minimum of three members. Mr. Stevens is the current Chair, following the resignation of Mr. Boettcher in February 2022. XTEK Limited | Annual Report 2022 67 Corporate Governance Statement continued Role of Nomination Committee The role of the Nomination Committee is to: Identify, consider and select candidates with appropriate capabilities, to fill Board vacancies when they arise;  Review the structure, size and composition of the Board;    Undertake or arrange for annual performance evaluation of the Board, its committees and Directors; and  Review the: Ensure that candidates have adequate time available to fulfil their role as a Director; 2 continuation of the Chairman after the initial term of appointment and subsequent re1appointments; 2 re1election of Directors who retire by rotation; and 2 membership of committees. Director Selection and Appointment The Board has adopted a policy as developed by the Nomination Committee for the selection and appointment of Directors. This policy defines procedural processes for the appointment of Directors and the re1election of incumbent Directors. Directors are appointed based on the specific governance skills required by the Company. Given the size of the Company and the business that it operates, the Company aims at all times to have at least one Director with experience in the industry, appropriate to the Company9s market. If the need for a new Board member is identified, the Nomination Committee, may initiate a search or nominate eligible candidates, who are interviewed by the Chairman and considered by the Board. The Board then appoints the most suitable candidate, who must stand for election at the next general meeting of security holders. Access to independent Professional Advice To ensure that Directors have access to independent expertise necessary to effectively carry out their role as a Director of the Company, the Board has adopted a policy to allow Directors to seek independent professional advice at the Company9s expense, up to specified limits, to assist them to carry out their responsibilities. The Company complies with Recommendation 2.1. COUNCIL RECOMMENDATION 2.2: A LISTED ENTITY SHOULD HAVE AND DISCLOSE A BOARD SKILLS MATRIX SETTING OUT THE MIX OF SKILLS AND DIVERSITY THAT THE BOARD CURRENTLY HAS OR IS SEEKING TO ACHIEVE IN ITS MEMBERSHIP. The current Board is comprised of six Directors who possess a wide range of background skills, expertise and knowledge deemed appropriate for the Company9s industry type. The names of Directors in office and their term in office at the date of this statement and their standing as Executive or Non1Executive and independence, are on the Board of Directors page of XTEK9s website. The Company complies with Recommendation 2.2. COUNCIL RECOMMENDATION 2.3: A LISTED ENTITY SHOULD DISCLOSE THE NAMES OF THE DIRECTORS CONSIDERED BY THE BOARD TO BE INDEPENDENT, IF THEY HAVE A RELEVANT INTEREST AND THEIR LENGTH OF SERVICE. The Board considers independent decision1making as critical to effective governance and to meet the ASX Corporate Governance Council Recommendations. Independent Directors are identified by their profiles in the 2022 Annual Report. These profiles detail the skills, experience, and expertise relevant to the position of Director, and the terms of office held by the Director and also the status of each Director in relation to the criteria listed below. Unless otherwise stated, the Board does not consider a Director to be an independent Director of the Company if the Director:   is a substantial shareholder of the Company or an officer of, or otherwise associated directly with, a substantial shareholder of the Company; is employed, or within the last three years, has been employed in an executive capacity by the Company, and there has not been a period of at least three years between ceasing such employment and serving on the Board;  has within the last three years, been a principal of a material professional adviser or a material consultant to the Company, or an employee materially associated with the service provided; Corporate Governance Statement continued XTEK Limited | Annual Report 2022 6  is a material supplier or customer of the Company or another group m ember, or an officer of or otherwise associated directly or indirectly with a material supplier or customer;  has a material contractual relationship with the Company other than as a Director of the Company;  has served on the Board for a period which could, or could reasonably be perceived to, materially interfere with the Director9s ability to act in the best interests of the Company; and  is not free from any interest and any business or other relationship which could reasonably be perceived to materially interfere with the Director9s ability to act in the best interests of the Company. Similarly, the Board has adopted a policy that the Chair should be an independent Director. Due to the resignation of Mr. Boettcher and subsequent changes to the Board in February 2022, Mr. Stevens was appointed as a Director (Non1Executive) and Chairman of the Company. The Company further recognises that Independent Directors are important in assuring shareholders that the Board is properly fulfilling its role, therefore, in addition to being a Non1Executive Directors, Messrs. Fullerton, Harrison, Pyne and Stevens also met the criteria for independence during the reporting period for FY22. The Company complies with Recommendation 2.3. COUNCIL RECOMMENDATION 2.4: A MAJORITY OF A BOARD OF A LISTED ENTITY SHOULD BE INDEPENDENT DIRECTORS Under the Company9s Constitution, the Board is to be comprised of not less than three and no more than twelve Directors, unless otherwise determined by a general meeting. The Board currently consists of six Non1executive Directors. To add value to the Company, the Board has been formed so that it has effective composition, size and commitment to adequately discharge its responsibilities and duties. The names of the Directors and their qualifications and experience are stated in their Director Profiles that form part of the 2022 Annual Report along with the term of office held by each of the Directors. Directors are appointed based on the specific governance skills required by the Company and on the independence of their decision1making and judgment. The Company recognises the importance of Non1Executive Directors and the external perspective and advice that Non1Executive Directors can offer. Messrs Boettcher, Fullerton, Harrison, Pyne, Smethurst and Stevens served as Non1Executive Directors during the reporting period for FY22. The Company further recognises that Independent Directors are important in assuring shareholders that the Board is properly fulfilling its role, therefore, in addition to being a Non1executive Director, Messrs. Fullerton, Harrison, Pyne and Stevens also met the criteria for independence during the reporting period for FY22. The Board has a specific Code of Conduct for Directors and Senior Management. As part of this, where any Director has a material personal interest in a matter, the Director will not be permitted to be present during discussions or to vote on the matter. The enforcement of this requirement should ensure that the interest of shareholders, as a whole, are pursued and not jeopardised by a lack of a majority of independent Directors. The independence of Non1Executive Directors is assessed annually by the Nomination Committee. The Company complies with Recommendation 2.. COUNCIL RECOMMENDATION 2.5: THE CHAIRPERSON OF A LISTED ENTITY SHOULD BE AN INDEPENDENT DIRECTOR AND, IN PARTICULAR SHOULD NOT BE THE SAME PERSON AS THE CHIEF EXECUTIVE OFFICER OF THE ENTITY. Independence of Chairman The Board recognises the importance of independence in decision1making, and following the resignation of Mr. Boettcher in February 2022, the Board appointed Mr. Stevens, as a Director (Non1Executive) and Chairman of the Company. Mr. Stevens is an independent Director and does not share the same duties as the Chief Executive Officer. The Company complies with this independence requirement. Roles of Chairman and Chief Executive Officer The roles of Chairman and the Chief Executive Officer are not exercised by the same individual. The Company complies with this independence requirement. Corporate Governance Statement continued XTEK Limited | Annual Report 2022 6 COUNCIL RECOMMENDATION 2.6: A LISTED ENTITY SHOULD HAVE A PROGRAM FOR INDUCTING NEW DIRECTORS AND PROVIDE APPROPRIATE PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR DIRECTORS TO DEVELOP AND MAINTAIN SKILLS AND KNOWLEDGE NEEDED TO PERFORM THEIR ROLE AS DIRECTORS EFFECTIVELY. The Board has designated the Company Secretary as the Officer responsible for facilitating the induction and professional development of new Directors. By way of induction, new Directors meet with the Chairman and Company Secretary upon appointment, whereby briefings are given on the operation of the Board and its Committees and financial, strategic, operations and risk management issues applicable to the Company. The Company Secretary provides all new Directors with a comprehensive induction package covering Company policies and procedures that are applicable to all Directors and employees. As part of their ongoing professional development, new Directors may be required to complete a Company Directors Course as conducted by the Australian Institute of Company Directors. The Company complies with Recommendation 2.. Principle 3: Promote ethical and responsible decision1making COUNCIL RECOMMENDATION 3.1 A LISTED ENTITY SHOULD ARTICULATE AND DISCLOSE ITS VALUES The Company is committed to conducting all its business activities honestly with a high level of integrity, and in compliance with all applicable laws, rules and regulations. The Board is dedicated to the ongoing maintenance of high ethical standards and has established a Company Code of Conduct to guide compliance with legal and other obligations to all legitimate stakeholders. These stakeholders include shareholders, employees, customers, government authorities, creditors and the community as whole. All Directors, senior executives and employees are made aware of the existence of the Company Code of Conduct and are requested to confirm they have read it. The Company complies with Recommendation 3.1. COUNCIL RECOMMENDATION 3.2: A LISTED ENTITY SHOULD HAVE AND DISCLOSE A CODE OF CONDUCT FOR ITS DIRECTORS, SENIOR EXECUTIVES AND EMPLOYEES AND THAT THE BOARD IS INFORMED OF ANY MATERIAL BREACHES OF THAT CODE. Company Code of Conduct As part of its commitment to recognising the legitimate interests of stakeholders, the Company has established a Code of Conduct that applies to all Directors, senior executives and employees. The Company9s Code of Conduct gives guidance on the following:  Ethical Standards: All Directors, senior executives and employees are expected to act with the utmost honesty and integrity, striving at all times to enhance the reputation and performance of the Company;  Responsibilities to Shareholders and the Financial Community Generally: The Company complies with the spirit as well as the letter of all laws and regulations that govern shareholders9 rights. The Company has processes in place designed to ensure the truthful and factual presentation of the Company9s financial position and prepares and maintains its accounts fairly and accurately in accordance with the generally accepted accounting and financial reporting standards;  Responsibilities to Clients, Customers and Consumers: Each employee has an obligation to use their best efforts to deal in a fair and responsible manner with each of the Company9s clients, customers and consumers. The Company for its part is committed to providing clients, customers and consumers with fair value;  Employment Practices: The Company is committed to providing a safe workplace environment in which there is equal opportunity for all employees at all levels of the Company. The Company does not tolerate the offering or acceptance of bribes or the misuse of Company assets or resources;  Obligations Relative to Fair Trading and Dealing: The Company aims to conduct its business fairly and to compete ethically and in accordance with relevant competition laws. The Company strives to deal fairly with the Company9s customers, suppliers, competitors and other employees and encourages its employees to strive to do the same;  Responsibilities to the Community: As part of the community the Company: 2 is committed to conducting its business in accordance with applicable environmental laws and regulations and encourages all employees to have regard for the environment when carrying out their jobs; and 2 encourages all employees to engage in activities beneficial to their local community; Corporate Governance Statement continued XTEK Limited | Annual Report 2022 70  Responsibility to the Individual: The Company is committed to keeping private information from employees, clients, customers, consumers and investors confidential and protected from uses other than those for which it was provided;  Conflicts of Interest: Employees and Directors must avoid conflicts as well as the appearance of conflicts between personal interests and the interests of the Company;  How the Company Complies with Legislation: Within Australia, the Company strives to comply with the spirit and the letter of all legislation affecting its operations. Outside Australia, the Company will abide by local laws in all countries in which it operates. Where those laws are not as stringent as the Company9s operating policies, particularly in relation to the environment, workplace practices, intellectual property and the giving of

Continue reading text version or see original annual report in PDF format above