Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p66
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 66/86)
Character Range: 218101–220753

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.

Orders directed to children under 18

"69Z.(1) This section applies if a parentage testing order, or an order under section 69X, requires a medical procedure or other act to be carried out in relation to a child who is under 18.

"(2) The procedure or act must not be carried out in relation to the child under the order without the consent of:

  (a) a parent of the child; or

  (b) a guardian of the child; or

   (c) a person who, under a specific issues order, is responsible for the child's long-term or day-to-day care, welfare and development.

"(3) The court may draw such inferences from a failure or refusal to consent as mentioned in subsection (2) as appear just in the circumstances.

No liability if parent etc. consents

"69ZA.(1) A person who carries out, or who assists in the carrying out of, a medical procedure or other act in relation to a child under a parentage testing order is not liable to any civil or criminal action in relation to the proper carrying out of the procedure or act if it is carried out with the consent of:

  (a) a parent of the child; or

  (b) a guardian of the child; or

   (c) a person who, under a specific issues order, is responsible for the child's long-term or day-to-day care, welfare and development.

"(2) Subsection (1) does not affect any liability of a person for an act done negligently, or negligently omitted to be done, in relation to the carrying out of the medical procedure or act.

Regulations about carrying out, and reporting on, parentage testing procedures

"69ZB. The regulations may make provision relating to:

  (a) the carrying out of parentage testing procedures under parentage testing orders; and

    (b) the preparation of reports relating to the information obtained as the result of carrying out such procedures.

Reports of information obtained may be received in evidence

"69ZC.(1) A report made in accordance with regulations covered by paragraph 69ZB(b) may be received in evidence in any proceedings under this Act.

"(2) If, under subsection (1), a report is received in evidence in proceedings under this Act, the court may make an order requiring the person who made the report, or any person whose evidence may be relevant in relation to the report, to appear before the court and give evidence in relation to the report.

  "(3) A court may make an order under subsection (2):

  (a) on its own initiative; or