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SEC 1745 (6-00) |
Potential persons who are to respond to the collection of
information contained in this form are not required to
respond unless the form displays a currently valid OMB
control number. |
o | Rule 13d-1(b) | |
þ | Rule 13d-1(c) | |
o | Rule 13d-1(d) |
* | The remainder of this cover page shall be filled out for a reporting persons initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. |
CUSIP No. 013810150
|
13G | Page 2 of 7 pages |
1 | Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only). Commonwealth Bank of Australia |
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2 | Check the Appropriate Box if a Member of a Group (See Instructions) |
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(a) o | |||||
(b) o | |||||
3 | SEC Use Only | ||||
4 | Citizenship or Place of Organization | ||||
Australia | |||||
5 | Sole Voting Power | ||||
Number of | 0 | ||||
Share | 6 | Shared Voting Power | |||
Beneficially | |||||
Owned by | 28,643,959 | ||||
Each | 7 | Sole Dispositive Power | |||
Reporting | |||||
Person | 0 | ||||
With | 8 | Shared Dispositive Power | |||
28,643,959 | |||||
9 | Aggregate Amount Beneficially Owned by Each Reporting Person | ||||
28,643,959 | |||||
10 | Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) | ||||
11 | Percent of Class Represented by Amount in Row (9) | ||||
6.12% | |||||
12 | Type of Reporting Person (See Instructions) | ||||
CO |
CUSIP No. 013810150
|
13G | Page 3 of 7 pages |
James Hardie Industries NV |
Level 8, | ||
Atrium, Unit 04-07 | ||
Strawinskylaan 3077 | ||
Amsterdam, 1077 ZX | ||
Netherlands |
Commonwealth Bank of Australia |
48 Martin Place, Level 2, Sydney NSW 2000, Australia |
Australia |
Common Stock, No Par. |
013810150 |
N/A |
CUSIP No. 013810150
|
13G | Page 4 of 7 pages |
Provide the following information regarding the aggregate number and percentage of the class class of securities of the issuer identified in Item 1. |
(a) | Amount beneficially owned: | ||
28,643,959 | |||
(b) | Percent of class: | ||
6.12% | |||
(c) | Number of shares as to which the person has: |
(i) | Sole power to vote or to direct the vote : | ||
0 | |||
(ii) | Shared power to vote or to direct the vote: | ||
28,643,959 | |||
(iii) | Sole power to dispose or to direct the disposition of : | ||
0 | |||
(iv) | Shared power to dispose or to direct the disposition of : | ||
28,643,959 |
The information contained in Items 5-11 of the cover page is incorporated herein by reference. The reporting person (CBA) may be deemed to beneficially own 28,643,959 shares of Common Stock of James Hardie Industries NV (JHX) as a result of the aggregate holdings of certain of its wholly owned subsidiaries. The shares of JHX are traded on the Australian Stock Exchange (the ASX). The shares were acquired on the ASX by Colonial First State Investment Group Limited (Colonial First State), CommSec Trading Limited, all of which are wholly owned subsidiaries of CBA (collectively, the CBA Subsidiaries). The CBA Subsidiaries hold the shares for clients who have shared voting and dispositive power with the CBA Subsidiaries over the shares. | ||
Additionally, Colonial First State Investments Limited, as the responsible entity under Australian law of the First Choice funds, had outsourced, to external managers unrelated to CBA, certain voting and dispositive functions over securities acquired by these external managers and held in these funds, including James Hardie Industries NV. Under these outsourcing arrangements, external mangers unrelated to CBA have acquired 6,625,936 of JHX, on behalf of Colonial First State. |
CUSIP No. 013810150
|
13G | Page 5 of 7 pages |
Additionally, Avanteos Investments Limited, a subsidiary of the CBA, as the responsible entity of the Symetry Personal Retirement Fund, had outsourced, to external managers unrelated to CBA, certain voting and dispositive functions over securities acquired by these external managers and held in the above Fund, including James Hardie Industries NV. Under these outsourcing arrangements, these managers have acquired 940 of JHX, on behalf of Avanteos Investments Limited. |
N/A |
Clients of the CBA Fund Managers have the ultimate right to receive any dividends from the common stock beneficially owned by the Reporting Person and the proceeds from the sale of such securities. |
See Exhibit A. |
N/A |
CUSIP No. 013810150
|
13G | Page 6 of 7 pages |
September 28, 2007 | COMMONWEALTH BANK OF AUSTRALIA | |||
By: | /s/ John Damien Hatton | |||
Name: | John Damien Hatton | |||
Title: | Company Secretary | |||
COLONIAL FIRST STATE INVESTMENTS LIMITED | ||||
By: | /s/ John Paull | |||
Name: | John Paull | |||
Title: | Head of Operations |