BULAW2611 Organisation Law Page 3 of 6 FACTS - THESE FACTS RELATE TO ALL QUESTIONS Pherano Biotech Ltd is an Australian listed company. The company first listed on the ASX in 2001. The company develops and markets 'natural wellness' supplements. The company owns all the patents and trademarks for its products. In 2015, Pherano invented a machine known as the 'Wellness Warrior'. The machine can be used by any person without advice or assistance from a medical practitioner. The idea is that a person takes a sample of their saliva and places it into the machine. The machine then provides a readout claiming that the person has specific vitamin or mineral deficiencies in their body. The readout recommends the person take specific branded supplements sold by Pherano. After the release of the Wellness Warrior, Australia's therapeutic industry regulator raised concerns privately with Pherano management that the machine is a 'diagnostic tool' within the meaning of s17 of the Diagnostic Tools Act 1999 (Cth) and therefore any tests conducted by the machine would have to be administered by a licensed medical practitioner. The Board were made aware of these discussions but decided to go ahead with development of the machine. The