(1) Subject to subsection (2), at the trial of a proceeding, being:
(a) an action brought by virtue of this Part; or
(b) a prosecution for an offence against this Act;
(c) at a particular time, copyright subsisted in the work or other subject-matter to which the proceeding relates; or
(d) at a particular time, copyright in that work or subject-matter was owned by, or exclusively licensed to, a particular person; or
(e) at a particular time, copyright in that work or subject-matter was not owned by, or exclusively licensed to, a particular person; or
(f) a particular act was done without the licence of the owner of the copyright, or of the exclusive licensee of the copyright, in that work or subject-matter;
may be given by affidavit.
(2) If a party to a proceeding referred to in subsection (1) desires in good faith that the person who made an affidavit referred to in that subsection that is proposed to be used in the proceeding be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceeding unless the person appears as a witness for such cross-examination or the court in which the proceeding is being tried, in its discretion, permits the affidavit to be used without the person so appearing.