Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 59

    Presentment of a cheque for payment is dispensed with:

  (a)   where the cheque cannot, with the exercise of reasonable diligence, be duly presented; or

  (aa)   if the drawee institution has become a failed financial institution within the meaning of subsection   70A(2); or

  (b)   as regards the drawer, in the following cases, namely:

  (i)   where:

  (A)   the drawee institution is not, as between the drawer and itself, under an obligation to pay the cheque; and

  (B)   the drawer had no reason to believe, at the time of the issue of the cheque, that the cheque would be paid if duly presented;

  (ii)   where the drawer has, expressly or by implication, waived the right to presentment; or

  (c)   as regards an indorser, where the indorser has, expressly or by implication, waived the right to presentment.