Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 2), an order to pay is not an order to pay a sum certain unless the sum ordered to be paid is specified with reasonable certainty in the instrument containing the order.
(2) Where more than one sum is expressed to be payable in an instrument containing an order to pay, the lesser or least, as the case may be, of the sums so expressed to be payable shall be taken to be the only sum ordered to be paid by the instrument.
(3) An order to pay may be an order to pay a sum certain notwithstanding that the order requires a sum to be paid according to a rate of exchange specified in, or to be ascertained as directed by, the instrument containing the order.
(4) Where an instrument contains:
(a) an order to pay a specified sum; and
(b) an order to pay not more than a specified sum;
the instrument shall be taken to require payment of the lesser of the sums so specified.