Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 5

Cheques a financial institution draws on itself

  (1)   Subject to subsection   ( 2), a reference in this Act to a cheque includes a reference to a cheque that a financial institution draws on itself.

  (2)   Subsection   ( 1) does not apply to a reference to a cheque in a provision in which a contrary intention appears, or in any of the following provisions:

  (a)   sections   10, 11, 12, 13, 14 and 15;

  (b)   subsection   17(3);

  (c)   subparagraph   59(b)(i);

  (d)   subsections   60(1), 62(12) and 62A(8);

  (e)   sections   88, 89, 90 and 91.

  (3)   Nothing in this Act (other than section   92, subsection   93(2) and section   94) is to be taken to affect any liability that, but for this Act, a financial institution would have in relation to a cheque drawn by it on itself.

  (4)   A reference in subsection   ( 1) or (3) to a cheque drawn by a financial institution on itself is a reference to an instrument that would be a cheque if the drawer and drawee were not the same person.


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