49. Withdrawal of privilege against incrimination of self or spouse in infringement and related proceedings
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(1) In this section—
“related offence”, in relation to any proceedings to which subsection (2) applies means—
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(a) in the case of proceedings within subsection (3)(a) or (3)(b)—
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(i) any offence committed by or in the course of the infringement to which those proceedings relate, or
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(ii) any offence not within subparagraph (i) committed in connection with that infringement, being an offence involving fraud or dishonesty;
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(b) in the case of proceedings within subsection (3)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;
“related penalty”, in relation to any proceedings to which subsection (2) applies, means—
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(a) in the case of proceedings within subsection (3)(a) or (3)(b), any penalty incurred in respect of anything done or omitted in connection with the infringement to which those proceedings relate;
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(b) in the case of proceedings within subsection (3)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.
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(2) In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence or for the recovery of a related penalty—
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(a) from answering any question put to that person in the first mentioned proceedings; or
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(b) from complying with any order made in those proceedings.
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(3) Subsection (2) applies to the following civil proceedings in the High Court, namely—
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(a) proceedings for infringement of copyright;
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(b) proceedings brought to obtain disclosure of information relating to any infringement of such rights; and
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(c) proceedings brought to prevent any apprehended infringement of such rights.
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(4) Subject to subsection (5), in proceedings for any related offence or for the recovery of any related penalty, a statement or admission made by a person—
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(a) in answering a question put to him or her in any proceeding to which subsection (2) applies; or
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(b) in complying with an order made in any such proceedings,
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is not admissible in evidence against that person or (unless they married after the making of the statement or admission) against the spouse of that person.
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(5) Subsection (4) shall not render any statement or admission made by a person as therein mentioned inadmissible in evidence against that person in proceedings for injury or contempt of court.
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(6) Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.