77Proposed access orders

#### 77 Proposed access orders 77 Proposed access orders > > (1) Unless the Tribunal orders otherwise, the requesting party for a subpoena requiring production must endorse a proposed access order on the subpoena. > > > (2) Without limiting clause 76, the Tribunal may— > > > > > (a) endorse a proposed access order on a subpoena requiring production if the requesting party has not endorsed a proposed order, or > > > > > (b) endorse a proposed access order on a subpoena requiring production in different terms to a proposed order endorsed by the requesting party. > > > (3) Unless the Tribunal orders otherwise, any proposed access order has effect as an access order immediately after the next return date for the subpoena if— > > > > > (a) documents or things are produced in compliance with the subpoena on or before that date, and > > > > > (b) no person appears before the registrar or Tribunal on the return date in opposition to the proposed order. > > > (4) Without limiting subclause (3), the Tribunal may take into account a failure to comply with subclause (5) or (6) or clause 75(1), (2) or (3) in determining whether a proposed access order should have effect according to its tenor or whether an order is to be made to modify or revoke the proposed access order. > > > (5) A party or a person named in a subpoena requiring production who proposes to object to the proposed access order on the return date for the subpoena must notify the requesting party of the objection— > > > > > (a) if the party or person is served with a copy of the subpoena on a day that is 14 days or more before the return date—within the period of 3 days after the party or person is served, or > > > > > (b) if the party or person is served with a copy of the subpoena on a day that is less than 14 days before the return date—within the period of 24 hours after the party or person is served. > > > (6) A requesting party who has received notice of an objection to a proposed access order must notify all of the other parties who have an address for service in the proceedings of the objection within 24 hours after receiving that notice.