38Affidavit evidence

#### 38 Affidavit evidence (1) In an action under section 27, proof of either or both of the following matters may be given by affidavit: (a) the subsistence, at a particular time, of EL rights in the circuit layout to which the action relates; (b) the ownership, at a particular time, of the EL rights in that layout. (2) If a party to an action requires in good faith that a person who made an affidavit referred to in subsection (1) that is proposed to be used in the action be cross‑examined with respect to the matters in the affidavit, the affidavit may not be used in the action unless the person appears as a witness for such cross‑examination or the court, in its discretion, permits the affidavit to be used without the person’s so appearing.