22Definition of material change in the supplier’s circumstances

22  Definition of material change in the supplier’s circumstances

 (1) This section applies if a person (the supplier) issues a gas EOI, a gas initial offer or a gas final offer in accordance with which the supplier intends to supply regulated gas.

 (2) For the purposes of this Part, the occurrence of any of the following changes is taken to be a material change in the supplier’s circumstances:

 (a) a change to, or a new requirement for, an approval under a law of the Commonwealth, a State or a Territory that affects the supplier’s ability to supply the regulated gas in accordance with the gas EOI, gas initial offer or gas final offer;

 (b) a change to an existing legal obligation of, or the imposition of a new legal obligation on, the supplier that affects the supplier’s ability to supply the regulated gas in accordance with the gas EOI, gas initial offer or gas final offer;

 (c) in the case where a gas initial offer or gas final offer was issued—the person to whom it has been issued becomes insolvent;

 (d) equipment needed to produce the regulated gas becomes unavailable due to circumstances that could not have been reasonably foreseen by the supplier;

 (e) a service needed to deliver the regulated gas becomes unavailable due to circumstances that could not have been reasonably foreseen by the provider of the service;

 (f) a technical or operational issue that could not have been reasonably foreseen by the supplier has had a substantial effect on the supplier’s ability to supply the regulated gas in accordance with the gas EOI, gas initial offer or gas final offer;

 (g) the regulated gas has been sold to another person.