104AFailing to appear, give evidence or answer a question—effect on hearing where person under review is a body corporate

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 gives a written notice to the Committee that includes the following: (i) the name of the officer; (ii) the name of the body corporate; (iii) the date of the hearing; (iv) a statement that the officer has a medical condition preventing the officer from appearing at the hearing or from giving evidence or answering questions in the course of the hearing; (v) a copy of a certificate from a medical practitioner certifying that the officer has a medical condition preventing the officer from so appearing or from giving evidence or answering questions and specifying the period that officer is so prevented; and (c) the Committee is satisfied that the officer has a medical condition preventing the officer from appearing at the hearing or from giving evidence or answering questions in the course of the hearing. (5) For the purposes of determining whether it is satisfied of the matter mentioned in paragraph (4)(c), the Committee may require the executive officer to do one or more of the following: (a) give specified further information to the Committee; (b) undergo a medical examination; (c) comply with any reasonable requirements of the Committee relating to the examination; (d) give the Committee a copy of the report by the person who conducts the examination.