Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p64
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 64/86)
Character Range: 213267–215927

parentage arising from registration of birth

"69R. If a person's name is entered as a parent of a child in a register of births or parentage information kept under a law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, the person is presumed to be a parent of the child.

Presumptions of parentage arising from findings of courts

"69S.(1) If:

(a) during the lifetime of a particular person, a prescribed court has:

(i) found expressly that the person is a parent of a particular child; or

      (ii) made a finding that it could not have made unless the person was a parent of a particular child; and

   (b) the finding has not been altered, set aside or reversed;

the person is conclusively presumed to be a parent of the child.

"(2) If:

(a) after the death of a particular person, a prescribed court has:

(i) found expressly that the person was a parent of a particular child; or

       (ii) made a finding that it could not have made unless the person was a parent of a particular child; and

(b) the finding has not been altered, set aside or reversed;

the person is presumed to have been a parent of the child.

"(3) In this section:

'prescribed court' means a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction.

Presumption of paternity arising from acknowledgments

"69T. If:

   (a) under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, a man has executed an instrument acknowledging that he is the father of a specified child; and

   (b) the instrument has not been annulled or otherwise set aside;

the man is presumed to be the father of the child.

Rebuttal of presumptions etc.

"69U.(1) A presumption arising under this Subdivision is rebuttable by proof on a balance of probabilities.

"(2) Where:

(a) 2 or more presumptions arising under this Subdivision are relevant in any proceedings; and

    (b) those presumptions, or some of those presumptions, conflict with each other and are not rebutted in the proceedings;

the presumption that appears to the court to be the more or most likely to be correct prevails.

"(3) This section does not apply to a presumption arising under subsection 69S(1).

"Subdivision E—Parentage evidence

Evidence of parentage

"69V. If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order requiring any person to give such evidence as is material to the question.

Orders for carrying out of parentage testing procedures

"69W.(1) If the parentage of a child is a question in issue in proceedings under this Act, the court