Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 40

Transfer of cheque by negotiation

  (1)   The transfer of a cheque by negotiation is the transfer of the cheque from the holder to another person in such manner as to constitute the other person the holder.

  (2)   A cheque payable to order is transferred by negotiation if:

  (a)   it is indorsed by the holder; and

  (b)   the cheque is delivered so as to complete the contract arising out of the indorsement.

  (3)   A cheque payable to bearer is transferred by negotiation if it is delivered by the holder to another person (whether or not the cheque is indorsed by the holder).


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