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Intelligence and Security Act 2017

Miscellaneous provisions - Exceptions and immunities

232: Burden of proof to establish immunity and relationships between immunities

You could also call this:

"Proving you are protected by a rule in the Intelligence and Security Act 2017"

Illustration for Intelligence and Security Act 2017

If you have a question about whether you are protected by a rule in the Intelligence and Security Act 2017, you must prove that the rule applies to you. You must show that it is more likely than not that the rule applies. If there is a disagreement between the rules in sections like sections 31, 32, 43, 44, 110, 111, and 229 and other laws that give or limit a special right or protection, then the rules in the Intelligence and Security Act 2017 are used. You should look at the specific rules to understand how they apply to you.

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Part 7Miscellaneous provisions
Exceptions and immunities

232Burden of proof to establish immunity and relationships between immunities

  1. If any question arises as to whether an immunity under any provision of this Act applies, the employee or entity, as the case requires, must establish, on the balance of probabilities, that the immunity applies.

  2. If there is any inconsistency between any of sections 31, 32, 43, 44, 110, 111, and 229 and the provisions of any other enactment conferring, regulating, or limiting a privilege or immunity, then the provisions of this Act prevail.