Part 3Enforcement officers' powers and orders
Preservation directions: Applications for preservation directions
79CForm and content of application
An application for a preservation direction—
- must be in writing; and
- may be transmitted to the Commissioner electronically.
The application must—
- state the name of the applicant:
- specify the provision that authorises an application for a search warrant to be made in respect of the suspected offence:
- describe the offence that the applicant suspects has been, is being, or will be committed:
- set out the facts relied on to show reasonable grounds to hold that suspicion:
- describe the documents that the applicant seeks to be preserved:
- describe any record of pathway information that the applicant seeks to be produced:
- set out the facts relied on to show reasonable grounds to believe that the documents (including any record of pathway information that the applicant seeks to be produced) are in the possession or under the control of the person against whom the order is sought.
The application must contain or be accompanied by a statement by the applicant confirming the truth and accuracy of the contents of the application.
The Commissioner may require the applicant to supply further information concerning the grounds on which the applicant seeks the preservation direction.
Notes
- Section 79C: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).


