Document ID: chunk:federal_register_of_legislation:C2022A00077:clause:1_104a
Version: federal_register_of_legislation:C2022A00077
Segment Type: clause
Provision Reference: sch 1 cl 104A
Character Range: 11766–13769

104A  Failing to appear, give evidence or answer a question—effect on hearing where person under review is a body corporate
 (1) This section has effect if:
 (a) a notice under section 102 requires a person under review that is a body corporate to cause an executive officer of the body to appear at a hearing and give evidence to the Committee; and
 (b) either:
 (i) the body fails to cause an executive officer to appear at the hearing; or
 (ii) an executive officer appears at the hearing but refuses or fails to give evidence or to answer a question that the officer is asked by a Committee member in the course of the hearing.
 (2) The Committee may:
 (a) proceed with the hearing, despite section 103A, even though:
 (i) the body fails to cause an executive officer to appear at the hearing; or
 (ii) an executive officer appears at the hearing but refuses or fails to give evidence or to answer a question that the officer is asked by a Committee member in the course of the hearing; or
 (b) propose to hold another hearing in accordance with section 102.
 (3) Paragraph (2)(a) ceases to apply if an executive officer of the body subsequently:
 (a) appears at a hearing; and
 (b) gives evidence as required; and
 (c) answers every question that the officer is asked by a Committee member in the course of the hearing.
 (4) Paragraph (2)(a) does not apply if:
 (a) the body corporate has only one executive officer; and
 (b) before the hearing takes place, the officer notifies the Committee that the officer has a medical condition preventing the officer from appearing or from giving evidence or answering questions; and
 (c) the officer has complied with any reasonable requirements of the Committee that the officer undergo medical examination to establish the existence and extent of the medical condition; and
 (d) the results of the medical examination indicate that the officer has a medical condition preventing the officer from appearing or from giving evidence or answering questions.