Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 78

When cheque discharged

  (1)   A cheque is discharged if:

  (a)   the cheque is paid in due course by the drawee institution;

  (b)   subject to section   80, the holder, at any time, absolutely and unconditionally renounces the holder's rights against the drawer or all persons liable on the cheque; or

  (c)   subject to subsection   81(1), the holder intentionally cancels the cheque or the drawer's signature and the cancellation is apparent from the cheque.

  (2)   A cheque is also discharged if the cheque is fraudulently and materially altered by the holder.

  (3)   Nothing in this section affects the discharge of a cheque otherwise than in accordance with this section.


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