89. Appeal Advisory Committees

For the purpose of enabling Appeal Advisory Committees to be constituted under section 88, the Minister must appoint a panel (called in this Part the Appeal Advisory Panel) comprising such members from the public and private sectors as the Minister may appoint.

A member of the Appeal Advisory Panel is to be appointed for a term of not more than 2 years and is eligible for re‑appointment.

An Appeal Advisory Committee has the power, in the exercise of its functions, to inquire into any matter or thing and may, for this purpose, summon any person to give evidence on oath or affirmation or produce any document or material necessary for the purpose of the inquiry.

Nothing in subsection (3) compels the production by an advocate and solicitor, or a legal counsel mentioned in section 128A of the Evidence Act 1893, of a document or material containing a privileged communication made by or to him or her in that capacity or authorise the taking of possession of any such document or material which is in his or her possession.

An advocate and solicitor, or a legal counsel mentioned in section 128A of the Evidence Act 1893, who refuses to produce any document or other material mentioned in subsection (4) is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, the privileged communication was made.

For the purposes of this Act, every member of an Appeal Advisory Committee —

Every Appeal Advisory Committee must have regard to the interest of the public, the protection of unitholders of registered business trusts and of persons intending to acquire units, or derivatives of units, in registered business trusts and the safeguarding of sources of information.

Subject to the provisions of this Part, an Appeal Advisory Committee may regulate its own procedure and is not bound by the rules of evidence.