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CHEQUES ACT 1986 - SECT 62A

Internal presentment by drawee institution

  (1)   The drawee institution in relation to a cheque makes an internal presentment of the cheque if:

  (a)   the drawee institution, on behalf of a customer, another financial institution or otherwise, makes a demand for payment of the cheque on itself; and

  (b)   either:

  (i)   the demand is made by exhibiting the cheque to itself at:

  (A)   the proper place in relation to the cheque; or

  (B)   a place that is a notified place in relation to the cheque for the purposes of this subsection; or

  (ii)   the demand is made otherwise than by exhibiting the cheque and is so made at:

  (A)   the proper place in relation to the cheque; or

  (B)   a place that is a notified place in relation to the cheque for the purposes of this subsection.

Note 1:   Section   64 defines proper place .

Note 2:   Section   65A defines notified place .

  (2)   If the demand is made:

  (a)   otherwise than by exhibiting the cheque; and

  (b)   at the proper place in relation to the cheque, or at a place that is a notified place for the purposes of subsection   ( 1);

the drawee institution may:

  (c)   request itself to exhibit the cheque, or a copy of the cheque of a specified kind, to itself at a specified place; or

  (d)   request itself to provide specified further particulars in relation to the cheque to itself at a specified place.

Note 1:   Section   64 defines proper place .

Note 2:   Section   65A defines notified place .

  (3)   The specified place must be:

  (a)   the proper place in relation to the cheque; or

  (b)   a place that is a notified place in relation to the cheque for the purposes of this subsection.

Note 1:   Section   64 defines proper place .

Note 2:   Section   65A defines notified place .

  (4)   The request must be made at the proper place in relation to the cheque, or at a place that is a notified place in relation to the cheque for the purposes of this subsection.

Note 1:   Section   64 defines proper place .

Note 2:   Section   65A defines notified place .

  (5)   The request must:

  (a)   identify the cheque with reasonable certainty; and

  (b)   be in a form that is intelligible to, or readily decipherable by, the drawee institution.

  (6)   Without limiting the generality of subsection   ( 5), the request is taken, for the purposes of that subsection, to identify the cheque with reasonable certainty if:

  (a)   the sum ordered to be paid by the cheque; and

  (b)   the cheque number; and

  (c)   the account against which the cheque is drawn; and

  (d)   the proper place in relation to the cheque;

are specified in the request or are readily ascertainable by the drawee institution from the request.

  (7)   If the drawee institution makes a request, the drawee institution must exhibit the cheque or copy to itself at the place specified in the request.

  (8)   If a cheque is presented for payment otherwise than by exhibiting it to the drawee institution, nothing in this section is taken to relieve the drawee institution from any liability to which the drawee institution would have been subject in relation to the cheque if it had been presented by being exhibited to the drawee institution.



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