Commonwealth Consolidated Acts

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BILLS OF EXCHANGE ACT 1909


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   4.      Interpretation of terms  
   5.      Application of rules of bankruptcy and common law  
   6.      Application of Act  
   7.      Application of State laws  

   PART II--BILLS OF EXCHANGE

           Division 1--Form and interpretation

   8.      Bill of exchange defined  
   9.      Inland and foreign bills  
   10.     Effect where different parties to bill are the same person  
   11.     Address to drawee  
   12.     Certainty required as to payee  
   13.     What bills are negotiable  
   14.     Sum payable  
   15.     Bill payable on demand  
   16.     Bill payable at a future time  
   17.     Omission of date in bill payable after date  
   18.     Ante-dating and post-dating  
   19.     Computation of time of payment  
   20.     Case of need  
   21.     Optional stipulation by drawer or indorser  
   22.     Definition and requisites of acceptance  
   23.     Time for acceptance  
   24.     General and qualified acceptances  
   25.     Inchoate instruments  
   26.     Delivery  

           Division 2--Capacity and authority of parties

   27.     Capacity of parties  
   28.     Signature essential to liability  
   29.     Forged or unauthorized signature  
   30.     Procuration signatures  
   31.     Person signing as agent or in representative capacity  

           Division 3--The consideration for a bill

   32.     Value and holder for value  
   33.     Accommodation bill or party  
   34.     Holder in due course  
   35.     Presumption of value and good faith  

           Division 4--Negotiation of bills

   36.     Negotiation of bill  
   37.     Requisites of a valid indorsement  
   38.     Conditional indorsement  
   39.     Indorsement in blank and special indorsement  
   40.     Restrictive indorsement  
   41.     Negotiation of overdue or dishonoured bill  
   42.     Negotiation of bill to party already liable thereon  
   43.     Rights of holder  

           Division 5--General duties of the holder

   44.     When presentment for acceptance is necessary  
   45.     Time for presenting bill payable after sight  
   46.     Rules as to presentment for acceptance and excuses for non-presentment  
   47.     Non-acceptance  
   48.     Dishonour by non-acceptance and its consequences  
   49.     Duties as to qualified acceptances  
   50.     Rules as to presentment for payment  
   51.     Excuses for delay or non-presentment for payment  
   52.     Dishonour by non-payment  
   53.     Notice of dishonour and effect of non-notice  
   54.     Rules as to notice of dishonour  
   55.     Excuses for non-notice and delay  
   56.     Noting or protest of bill  
   57.     Duties of holder as regards drawee or acceptor  

           Division 6--Liabilities of parties

   58.     Funds in hands of drawee  
   59.     Liability of acceptor  
   60.     Liability of drawer or indorser  
   61.     Stranger signing bill liable as indorser  
   62.     Measure of damages against parties to dishonoured bill  
   63.     Transferor by delivery and transferee  

           Division 7--Discharge of bill

   64.     Payment in due course  
   65.     Banker paying demand draft whereon indorsement is forged  
   66.     Acceptor the holder at maturity  
   67.     Express waiver  
   68.     Cancellation  
   69.     Alteration of bill  

           Division 8--Acceptance and payment for honour

   70.     Acceptance for honour supra protest  
   71.     Liability of acceptor for honour  
   72.     Presentment to acceptor for honour  
   73.     Payment for honour supra protest  

           Division 9--Lost instruments

   74.     Replacement of lost or destroyed bill  
   75.     Action on lost bill  

           Division 10--Bill in a set

   76.     Rules as to sets  

           Division 11--Conflict of laws

   77.     Rules where laws conflict  
   77A.    Effect of non-compliance with stamp laws in case of certain bills of exchange  

   PART III--CHEQUES ON A BANKER

           Division 1--Cheques generally

   78.     Cheque defined  
   79.     Presentment of cheque for payment  
   80.     Rights of banker as regards stale cheques  
   81.     Revocation of banker's authority  

           Division 2--Crossed cheques

   82.     General and special crossings defined  
   83.     Crossing by drawer or after issue  
   84.     Crossing a material part of cheque  
   85.     Duties of banker as to crossed cheques  
   86.     Protection to banker and drawer where cheque is crossed  
   87.     Effect of crossing on holder  
   88A.    Cheques drawn by a bank on itself  

           Division 3--Other provisions relating to cheques

   88B.    Protection of bankers paying unindorsed or irregularly indorsed cheques or drafts  
   88C.    Payment of unindorsed cheque or draft as evidence of receipt by payee  
   88D.    Protection of bankers collecting payment of cheques etc.  
   88E.    Rights of banker collecting cheque not indorsed by payee  

   PART IV--PROMISSORY NOTES

   89.     Promissory note defined  
   90.     Delivery necessary  
   91.     Joint and several notes  
   92.     Note payable on demand  
   93.     Presentment of note for payment  
   94.     Liability of maker  
   95.     Application of Part II to notes  

   PART V--SUPPLEMENTARY

   96.     Good faith  
   97.     Signature  
   98.     Computation of time  
   99.     When noting equivalent to protest  
   100.    Protest when notary not accessible  
   101.    Dividend warrants  
           FIRST SCHEDULE
           SECOND SCHEDULE


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