Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 2), where the drawee institution pays a crossed cheque otherwise than to a financial institution, the drawee institution is liable to the true owner of the cheque for any loss the true owner suffers as a result of the cheque having been paid otherwise than to a financial institution.
(2) Subject to subsection 32(1), where:
(a) a crossed cheque is presented for payment to the drawee institution;
(b) the cheque, at the time of presentment, does not appear, on its face, to be, or at any time to have been, a crossed cheque; and
(c) the drawee institution, in good faith and without negligence, pays the cheque otherwise than to a financial institution;
(d) does not, in paying the cheque, incur any liability by reason only of its failure to pay the cheque to a financial institution; and
(e) shall be deemed to have paid the cheque in due course.