Part 3Enforcement officers' powers and orders
Preservation directions: Applications for preservation directions
79DApplications made orally
Despite section 79C, the Commissioner may allow the application to be made orally (for example, by telephone or in person) and excuse the applicant from putting all or part of the application (including any required material) in writing.
The Commissioner may allow the application to be made orally and excuse the applicant only if—
- the Commissioner is satisfied—
- that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the preservation direction (if made); and
- that the question of whether the direction should be issued can properly be determined on the basis of an oral application (together with the information referred to in paragraph (b)); and
- that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the preservation direction (if made); and
- any further information that the Commissioner requires under section 79C(4) is supplied (whether orally, or partly orally and partly in writing) to the Commissioner.
If the Commissioner allows the application to be made orally, the Commissioner must—
- ensure that the applicant orally affirms the truth and accuracy of the application when it is made; and
- record the following particulars and information as soon as practicable:
- particulars of the facts that the Commissioner relied on to be satisfied of the matters set out in subsection (2)(a):
- the particulars that the application is required to set out under section 79C(2) that were supplied orally to the Commissioner:
- any further information that the Commissioner required under section 79C(4) that was supplied orally to the Commissioner.
- particulars of the facts that the Commissioner relied on to be satisfied of the matters set out in subsection (2)(a):
Notes
- Section 79D: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).


