Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 33

  (1)   Where:

  (a)   a person (in this subsection referred to as the signer ) signs a cheque for or on behalf of a principal or in a representative capacity;

  (b)   the signer adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity; and

  (c)   the person for or on whose behalf the signer signs the cheque is named, or otherwise indicated with reasonable certainty, in the cheque;

the signer is not personally liable on the cheque.

  (2)   Where:

  (a)   a person (in this subsection referred to as the signer ) signs a cheque and adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity, but:

  (i)   the signer does not in fact sign for or on behalf of the principal or in the representative capacity, as the case may be; or

  (ii)   the person for or on whose behalf the signer signs the cheque is not named, or otherwise indicated with reasonable certainty, in the cheque; or

  (b)   a person (in this subsection also referred to as the signer ) signs a cheque and merely adds words to the signature describing the signer as an agent or as having a representative capacity;

the addition of those words does not prevent the signer from being personally liable on the cheque.