103ARights of persons under review at hearings—bodies corporate

103A Rights of persons under review at hearings—bodies corporate

(1) If the person under review is a body corporate, an executive officer of the body corporate is entitled, subject to any reasonable limitations or restrictions that the Committee may impose: (a) to attend the hearing; and (b) to be accompanied by a lawyer or another adviser; and (c) to call witnesses to give evidence; and (d) to question a person giving evidence at the hearing; and (e) to address the Committee on questions of law arising during the hearing; and (f) after the conclusion of the taking of evidence, to make a final address to the Committee on questions of law, the conduct of the hearing and the merits of the matters to which the hearing relates. (2) Without limiting paragraph (1)(c), if the executive officer is asked a question by a Committee member in the course of the hearing that the executive officer is unable to answer, then: (a) the executive officer may call, and put the question to, a witness; and (b) if the witness answers the question—the executive officer is taken to have answered the Committee member’s question for the purposes of this Part. (3) A lawyer accompanying the executive officer is entitled, on behalf of the person under review, subject to any reasonable limitations or restrictions that the Committee may impose: (a) to give advice to the person under review (including, by giving that advice to the executive officer); and (b) to address the Committee on questions of law arising during the hearing; and (c) subject to subsection (5), after the conclusion of the taking of evidence, to make a final address to the Committee on questions of law, the conduct of the hearing and the merits of the matters to which the hearing relates. (4) The Committee may allow an adviser (other than a lawyer) accompanying the executive officer, subject to any reasonable limitations or restrictions that the Committee may impose: (a) to give advice to the person under review (including by giving that advice to the executive officer); and (b) subject to subsection (5), after the conclusion of the taking of evidence, to make, on behalf of the person under review, a final address to the Committee on the merits of the matters to which the hearing relates. (5) If the executive officer is accompanied both by a lawyer and by an adviser who is not a lawyer, a final address to the Committee may be made either by the lawyer or by the other adviser, but not by both of them. (6) Any fees or expenses in respect of the services of a lawyer or other adviser accompanying the executive officer or in respect of witnesses called by that officer are payable by the person under review.