Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 28

  (1)   The drawer of a cheque shall:

  (a)   as regards a holder in due course--be conclusively presumed to have made an effective delivery of the cheque so as to complete the drawer's contract on the cheque; and

  (b)   as regards a holder who is not a holder in due course--be presumed, unless the contrary is proved, to have made an effective delivery of the cheque so as to complete the drawer's contract on the cheque.

  (2)   An indorser of a cheque shall:

  (a)   as regards a holder in due course:

  (i)   where the holder in due course took the cheque from the indorser--be presumed, unless the contrary is proved, to have made an effective delivery of the cheque so as to complete the indorser's contract on the cheque; or

  (ii)   in any other case--be conclusively presumed to have made an effective delivery of the cheque so as to complete the indorser's contract on the cheque; and

  (b)   as regards a holder who is not a holder in due course--be presumed, unless the contrary is proved, to have made an effective delivery of the cheque so as to complete the indorser's contract on the cheque.

  (3)   Nothing in this section affects the operation of subsection   18(1) or (4) in relation to an instrument of the kind referred to in that first - mentioned subsection.