Commonwealth Numbered Acts
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CHEQUES AND PAYMENT ORDERS ACT 1986
TABLE OF PROVISIONS
Long Title
1. Short title
2. Commencement
3. Interpretation
4. Application of rules in bankruptcy, laws of States and Territories and rules of the common law
5. Bank cheques and bank drafts
6. Certain rights, duties and liabilities under Act may be altered by agreement
7. Application of Act
8. Extension of Act to external Territories
9. Act to bind Crown
10. Cheque defined
11. Order to pay
12. Unconditional order to pay
13. Order addressed to a bank
14. Order to pay on demand
15. Order to pay a sum certain
16. Date of cheque, &c.
17. Optional stipulations
18. Inchoate instruments
19. Meaning of specification of person in cheque as payee or indorsee
20. Cheques either payable to order or to bearer
21. Cheques payable to order
22. Cheques payable to bearer
23. Conversion of cheque payable to bearer into cheque payable to order
24. Cheques payable to order of specified person
25. Delivery essential for drawing or indorsement
26. Requisites for effective delivery
27. Drawing or indorsement may be shown to be ineffective
28. Presumption of effective delivery
29. Delivery of cheque payable to bearer
30. Capacity to incur liability on cheque
31. Signature essential to liability on cheque
32. Unauthorized signature
33. Person signing as agent or in representative capacity
34. Procuration signature
35. Valuable consideration defined
36. Presumption of value
37. Holder taking cheque for which value has been given
38. Holder having lien
39. Every cheque transferable by negotiation
40. Transfer of cheque by negotiation
41. Requisities for indorsement
42. Transfer of order cheque without indorsement
43. Indorsement of order cheque payable jointly to 2 or more persons
44. Indorsement where payee or indorsee misdescribed
45. Conditional indorsement
46. Transfer of stale or dishonoured cheque by negotiation
47. Transfer by negotiation back to drawer or indorser
48. Order of indorsements
49. Rights acquired by transfer by negotiation
50. Holder in due course defined
51. Presumption that holder is holder in due course
52. Holder deriving title through holder in due course
53. Crossing and crossed cheque defined
54. Effect of crossing on payment of cheque
55. Effect of taking cheque crossed "not negotiable"
56. Persons who may add crossing to cheque
57. Multiple crossings
58. Drawer and indorsers of cheque not liable unless cheque presented
59. When presentment dispensed with
60. Effect of failure to present within reasonable time
61. Due presentment defined
62. Presentment by bank
63. Presentment by person other than bank
64. Proper place
65. Designated places
66. Deposit bank to present cheques promptly
67. Drawee bank to pay or dishonour promptly
68. How paid cheque to be dealt with
69. Dishonour defined
70. Drawer and indorsers of cheque liable whether or not given notice of dishonour
71. Liability of drawer
72. Estoppel against drawer
73. Liability of indorser
74. Estoppels against indorser
75. Stranger signing cheque liable as indorser
76. Measure of damages on dishonour
77. Transferor by delivery
78. When cheque discharged
79. Payment in due course
80. Renunciation of rights against drawer or all persons liable on cheque
81. Cancellation of cheque or drawer's signature
82. Effect of discharge of cheque
83. When indorser discharged
84. Renunciation of rights against indorser
85. Cancellation of indorser's signature
86. Effect of discharge of indorser
87. Effect of payment by drawer or indorser
88. Cheque not assignment of funds
89. Stale cheque
90. Countermand of payment and notice of death or mental incapacity
91. Protection of bank paying improperly raised cheque
92. Protection of bank paying crossed cheque in accordance with crossing
93. Payment of crossed cheque otherwise than in accordance with crossing
94. Protection of bank paying cheque lacking indorsement or with irregular or unauthorized indorsement
95. Protection of bank collecting cheque for customer or another bank
96. Rights of bank collecting order cheque not indorsed by payee
97. Non-bank financial institution to ensure cheques presented promptly
98. Protection of non-bank financial institution collecting cheque for customer
99. Rights of non-bank financial institution collecting order cheque not indorsed by payee
100. Agency cheques
101. Payment order defined
102. Form of payment orders
103. Application of the rules of the common law
104. Application of Act to payment orders
105. Due presentment of payment order defined
106. Presentment of payment order by financial institution
107. Presentation by person other than financial institution
108. Proper place
109. Designated places
110. Deposit financial institution to present payment orders promptly
111. Drawee non-bank financial institution to pay or dishonour payment orders promptly
112. How paid payment orders to be dealt with
113. Payment of unindorsed order cheque as evidence of receipt by payee
114. Signature
115. Replacement of lost or destroyed cheque
116. Action on lost or destroyed cheque
117. Conflict of laws
118. Dividend warrants
119. Regulations
SCHEDULE
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