(1)  An apology made by or on behalf of a person in connection with any defamatory matter alleged to have been published by the person –

(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter; and

(b) is not relevant to the determination of fault or liability in connection with that matter.

(2)  Evidence of an apology made by or on behalf of a person in connection with any defamatory matter alleged to have been published by the person is not admissible in any civil proceedings as evidence of the fault or liability of the person in connection with that matter.

(3)  Nothing in this section limits the operation of section 38 .