Page:Copyright Act 2021.pdf/295

296 (5) If the accused person desires in good faith to cross-examine the deponent on the matters in the affidavit, subsection (3) does not apply unless—
 * (a) the deponent appears as a witness for cross-examination; or
 * (b) the court allows the affidavit to be used without the deponent so appearing.

Power to deal with infringing copies, etc., in proceedings under this Part

455.—(1) This section applies where—
 * (a) a person is charged for an offence under this Part in a court (whether or not the person is convicted); and
 * (b) any of the following items is before the court or in the person’s possession:
 * (i) any infringing copy;
 * (ii) any article that has been used to make infringing copies.

(2) The court may order that the items be—
 * (a) delivered up and forfeited to the rights owner concerned;
 * (b) destroyed; or
 * (c) otherwise dealt with.

Powers of entry, search and seizure

456.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document is—
 * (a) located at any premises; and
 * (b) evidence that an offence under this Part has been committed.

(2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions)—