Part 3APreservation directions relating to foreign investigations or proceedings
Applications for preservation directions
88CForm 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 foreign enforcement authority; and
- state the name of the person against whom the preservation direction is sought; and
- specify the serious offence; and
- set out a summary of the related facts; and
- describe the documents that the foreign enforcement authority seeks to be preserved; and
- describe how the documents are relevant to the investigation or proceedings; and
- set out particulars of any location at which the documents are known or believed to be held (including the location of any computer system in which the documents are recorded or stored); and
- set out the reasons why the foreign enforcement authority seeks to have the documents preserved by way of a preservation direction, including particulars of any concerns about the documents being lost or modified.
The constable—
- may require the foreign enforcement authority to supply any information about the matters referred to in subsection (2); and
- may rely on any information supplied by the foreign enforcement authority about those matters unless the constable knows that the information is false.
Notes
- Section 88C: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).


