Presumptions of law
16 Presumptions of law
A presumption arising under this Act is rebuttable by proof on a balance of probabilities.
Where:
2 or more presumptions arising under this Act are relevant in any proceeding; and
those presumptions, or some of those presumptions, conflict with each other and are not rebutted in the proceeding,
the presumption that appears to the Court to be the more or most likely to be correct prevails.
To avoid doubt, subsections (1), (2) and (4) do not apply to sections 5D(1), 5DA(1), 5F and 9B(1).
Notwithstanding any other provision of this Act, a prosecutor may not, in any criminal proceedings, rely on a presumption arising under this Act to prove the parentage of a child.
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