Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p65
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 65/86)
Character Range: 215694–218345

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 may make an order (a 'parentage testing order') requiring a parentage testing procedure to be carried out on a person mentioned in subsection (3) for the purpose of obtaining information to assist in determining the parentage of the child.

"(2) A court may make a parentage testing order:

(a) on its own initiative; or

(b) on the application of:

(i) a party to the proceedings; or

  (ii) a person representing the child under an order made under section 68L.

"(3) A parentage testing order may be made in relation to:

  (a) the child; or

  (b) a person known to be the mother of the child; or

   (c) any other person, if the court is of the opinion that, if the parentage testing procedure were to be carried out in relation to the person, the information that could be obtained might assist in determining the parentage of the child.

"(4) A parentage testing order may be made subject to terms and conditions.

"(5) This section does not affect the generality of section 69V.

Orders associated with parentage testing orders

"69X.(1) If a court makes a parentage testing order, it may also make orders under subsection (2) or (4).

"(2) The court may make such orders as it considers necessary or desirable:

  (a) to enable the parentage testing procedure to be carried out; or

  (b) to make the parentage testing procedure more effective or reliable.

"(3) Some examples of the kinds of orders the court may make under subsection (2) are as follows:

  (a) an order requiring a person to submit to a medical procedure;

  (b) an order requiring a person to provide a bodily sample;

    (c) an order requiring a person to provide information relevant to the person's medical or family history.

"(4) The court may make such orders as it considers just in relation to costs incurred in relation to:

    (a) the carrying out of the parentage testing procedure or other orders made by the court in relation to the parentage testing procedure; or

    (b) the preparation of reports relating to the information obtained as a result of carrying out the parentage testing procedure.

Orders directed to persons 18 or over

"69Y.(1) If a person who is 18 or over contravenes a parentage testing order or an order under section 69X, the person is not liable to any penalty in relation to the contravention.

"(2) The court may draw such inferences from the contravention as appear just in the circumstances.