Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The cancellation of a cheque, or the drawer's signature on a cheque, does not discharge the cheque if the cancellation is made under a mistake of fact.
(2) Where a cheque, or the drawer's signature on a cheque, has been cancelled, the cancellation shall, unless the contrary is proved, be presumed:
(a) to have been made intentionally by a holder; and
(b) not to have been made under a mistake of fact.