(1) An inference unfavourable to a party may not be drawn from evidence that the party or some other person failed or refused to answer a question, or respond to a representation put or made to the person in the course of official questioning.
(2) Where evidence of the kind referred to in subsection (1) may only be used to draw an inference referred to in that subsection, it is not admissible.
(3) Subsection (1) does not prevent the use of the evidence to prove that the persons failed or refused to answer the question or respond to the representation if the failure or refusal is a fact in issue in the proceedings.