Commonwealth Consolidated Acts

BILLS OF EXCHANGE ACT 1909 - SECT 55

  (1)   Delay in giving notice of dishonour is excused where the delay is caused by circumstances beyond the control of the party giving notice, and not imputable to his or her default, misconduct, or negligence. When the cause of delay ceases to operate, the notice must be given with reasonable diligence.

  (2)   Notice of dishonour is dispensed with:

  (a)   when, after the exercise of reasonable diligence, notice as required by this Act cannot be given to or does not reach the drawer or indorser sought to be charged;

  (b)   by waiver express or implied. Notice of dishonour may be waived before the time of giving notice has arrived, or after the omission to give due notice;

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

  (i)   where drawer and drawee are the same person;

  (ii)   where the drawee is a fictitious person or a person not having capacity to contract;

  (iii)   where the drawer is the person to whom the bill is presented for payment;

  (iv)   where the drawee or acceptor is, as between himself or herself and the drawer, under no obligation to accept or pay the bill;

  (v)   where the drawer has countermanded payment:

  (d)   as regards the indorser, in the following cases, namely:

  (i)   where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he or she indorsed the bill;

  (ii)   where the indorser is the person to whom the bill is presented for payment; and

  (iii)   where the bill was accepted or made for his or her accommodation.