Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 91

Protection of drawee institution paying improperly raised cheque

    Where:

  (a)   a cheque is fraudulently altered so as to increase the sum ordered to be paid by the cheque;

  (b)   the alteration is the only material alteration of the cheque made fraudulently; and

  (c)   the drawee institution, in good faith and without negligence, pays the cheque to the holder;

the drawee institution may, without prejudice to any other rights that it may have against the drawer, debit the drawer's account according to the tenor of the cheque as drawn.


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