Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 35

    (1)     If, without reasonable excuse, a parentage testing order is not complied with the court may draw the inferences from the failure to comply that it considers appropriate.

    (2)     In particular, the court may treat the failure—

        (a)     as evidence corroborating the evidence of a party to the proceeding; or

        (b)     if the stated person is a party to the proceeding and is relying in the proceeding on a rebuttable presumption arising under division 2.2—as evidence rebutting the presumption.

    (3)     An objection mentioned in section 34 (4) that has been taken into account is not a reasonable excuse for subsection (1).

    (4)     Without limiting subsection (1) or (2), if a parentage testing order is not complied with the court may—

        (a)     dismiss the proceeding; or

        (b)     allow the proceeding to continue on the conditions it considers appropriate.