85Direction for access to information or premises

#### 85 Direction for access to information or premises 85 Direction for access to information or premises > > (1) A claimant may apply for a direction under section 318I(1) of the 1998 Act by lodging a proposed direction. > > > (2) The President may give or refuse to give the direction as proposed. > > > (3) If a direction is given by the President, the claimant must serve a sealed copy of the direction, at least 28 days before the expiry of the period specified in the direction for compliance with the direction, on— > > > > > (a) the defendant, and > > > > > (b) if the direction is a direction to provide or allow access to specified premises and the premises are under the direct control of an agent or representative of the defendant—the agent or representative. > > > (4) A defendant may object to a direction by giving written notice of the objection, with reasons for the objection, to the President and the claimant before the expiry of the period specified in the direction for compliance with the direction. > > > (5) A defendant who provides a notice of objection in accordance with subrule (4) is not required to comply with the direction until the objection is determined. > > > (6) A claimant may, within 7 days of the date on which the claimant was notified of an objection, oppose the objection by giving written notice of the opposition, with reasons, to the President and the defendant. > > > (7) The President may, when considering an objection to a direction for access to information or premises— > > > > > (a) seek further information from the parties, or > > > > > (b) list the objection for hearing, or > > > > > (c) determine the objection, whether solely on the basis of the notice of objection and the notice of opposition or otherwise. > > > (8) The President may set aside or vary a direction for access to information or premises following determination of an objection.