Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the drawer of an instrument that is signed, but is otherwise wanting in a material particular necessary for the instrument to be, on its face, a complete cheque, delivers the instrument to another person in order that the instrument may be filled up as a complete cheque, any person in possession of the instrument shall be presumed, unless the contrary is proved, to have authority to fill up the instrument as a complete cheque in any way the person sees fit.
(2) Subject to subsection ( 4), an instrument to which subsection ( 1) applies is not enforceable against the drawer or a person who becomes an indorser of the instrument before the instrument is filled up as a complete cheque unless the instrument is filled up within a reasonable time and strictly in accordance with the authority given.
(3) Reasonable time, for the purposes of subsection ( 2), is a question of fact.
(4) An instrument of the kind referred to in subsection ( 1) that has been filled up as a complete cheque shall, as regards a holder in due course, be conclusively presumed:
(a) to have been delivered to another person in order that the instrument might be filled up as a complete cheque; and
(b) to have been filled up within a reasonable time and strictly in accordance with the authority given.