88NWhole or partial revocation of preservation direction

1. The preservation direction is revoked in relation to all of the documents described in the direction when either of the following occurs:

2. the Attorney-General refuses a request under section 43 of the Mutual Assistance in Criminal Matters Act 1992 by the foreign country concerned for assistance in obtaining those documents under a production order against the person:
3. a Judge determines an application under section 45 of that Act for a production order against the person relating to all or any of those documents.

4. The preservation direction is revoked in relation to particular documents or classes of documents (rather than all of the documents) described in the direction if the Attorney-General refuses a request as referred to in subsection (1)(a), but that refusal is limited to those particular documents or classes of documents.

5. The Commissioner must give written notice to the person against whom the preservation direction is made that the direction is revoked or partially revoked, as the case may be.

   Guidance note

   Generally, written notice would also be required under section 88W as soon as practicable after a preservation direction is partially revoked under this section.

6. However, the Commissioner is not required to give the notice in a case in which subsection (1)(b) applies if the Judge grants the application for the production order.