Competition and Consumer (Gas Market Code) Regulations 2023
19Gas initial offer—exceptions for material change of supplier’s circumstances, agreement to terminate or withdraw, etc.
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19 Gas initial offer—exceptions for material change of supplier’s circumstances, agreement to terminate or withdraw, etc.
Section 17 and subsection 18(1) do not apply if:
(a) 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 initial offer; or
(b) all of the following apply:
(i) there has been a material change in the supplier’s financial circumstances or business structure;
(ii) the change will affect the ability of the supplier to supply regulated gas in accordance with the gas initial offer; or
(c) a circumstance specified in a determination under subsection 23(1) exists; or
(d) the supplier and the potential buyer agreed to the withdrawal or termination; or
(e) the potential buyer gave the supplier written notice, before the end of the gas initial offer open period, that the potential buyer withdraws from the negotiation process.