Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p27
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 64983–67646

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.

"Division 8—Parentage evidence

Evidence of parentage
"66v. Where 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.

Medical procedures to determine parentage
"66w. (1) Without limiting the generality of section 66v, where the parentage of a child is in issue in proceedings under this Act, the court may, on the request of a party to the proceedings, on the request of a person representing the child under an order made under section 65 or of its own motion, make an order requiring a parentage testing procedure to be carried out in relation to a person referred to in subsection (2) for the purpose of obtaining information to assist in determining the parentage of the child.
"(2) The order under subsection (1) may be made in relation to:
     (a) the child;
     (b) a person known to be the mother of the child; or
     (c) any other person where the court is of the opinion that the information that could be obtained if the parentage testing procedure were to be carried out in relation to the person might assist in determining the parentage of the child.
"(3) The order under subsection (1) may be made subject to terms and conditions.
"(4) Where the court makes an order under subsection (1), the court may:
     (a) make such other orders as it considers necessary or desirable:
          (i) to enable the parentage testing procedure to be carried out; or
          (ii) to make the parentage testing procedure more effective or reliable;
     including, without limiting the generality of the following, orders requiring a person to submit to a medical procedure, to provide a bodily sample or to furnish information relevant to the person's medical or family history; and
     (b) may make such orders as it considers just in relation to costs incurred in relation to:

          (i) the carrying out of the parentage testing procedure or other orders made by the court in relation to the parentage testing procedure; or
          (ii) the preparation of reports in relation to the information obtained as a result of the carrying out of the parentage testing procedure.
"(5) Where a person who has attained 18 years of age contravenes an order under this section, the person is not liable to any penalty in relation to the contravention, but the court may draw such inferences as appear just in the circumstances.
"(6) Where an order under this section is directed to a