(relevant to the proceedings) that, because of section 24, the person is not subject to any civil, criminal or administrative liability for making a particular NACC disclosure:
- (a) the person bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and
- (b) if the person discharges that onus—the party instituting the primary proceedings against the person bears the onus of proving that the claim is not made out; and
- (c) the court must deal with the claim in separate proceedings; and
- (d) the court must adjourn the primary proceedings until the claim has been dealt with; and
- (e) none of the following:
- (i) any admission made by the person in the separate proceedings;
- (ii) any information given by the person in the separate proceedings;
- (iii) any other evidence adduced by the person in the separate proceedings;
- is admissible in evidence against the person except in proceedings in respect of the falsity of the admission, information or evidence; and
- (f) if the person or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.
(2) To avoid doubt, a right under section 126K of the Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section.
28 Protection has effect despite other Commonwealth laws
Section 24 has effect despite any other provision of a law of the Commonwealth, unless:
- (a) the provision is enacted after the commencement of this section; and
