15Gas EOI—exception for material change of supplier’s circumstances, etc.

15  Gas EOI—exception for material change of supplier’s circumstances, etc.

  Sections 12 and 13 and subsection 14(1) do not apply if:

 (a) any of the following conditions are satisfied:

 (i) there has been a material change in the supplier’s circumstances resulting in the inability of the supplier to supply regulated gas in accordance with the gas EOI;

 (ii) there has been a material change in the supplier’s financial circumstances or business structure, and the change will affect the ability of the supplier to supply regulated gas in accordance with the gas EOI;

 (iii) a circumstance specified in a determination under subsection 23(1) exists; and

 (b) the supplier publishes a notice on its website before the end of the gas EOI response period stating that:

 (i) those conditions are satisfied; and

 (ii) the supplier withdraws the gas EOI; and

 (c) in the case of section 13 and subsection 14(1), if the potential buyer gave the supplier, within the gas EOI open period, a notice in writing stating that the potential buyer has an interest in further negotiations in relation to the gas EOI—the supplier gives a notice in writing to the potential buyer before the end of the gas EOI response period stating that:

 (i) those conditions are satisfied; and

 (ii) the supplier withdraws the gas EOI.