Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 37

Obtaining goods etc. by valueless cheque

37. Obtaining goods etc. by valueless cheque



(1) Any person who obtains any chattel money valuable security credit benefit
or advantage by passing a cheque which is not paid on presentation shall be
guilty of an offence.

Penalty: 25 penalty units or imprisonment for one year.

(2) It shall be a defence to a charge for an offence against subsection (1) of
this section to prove that the defendant-

   (a)  had reasonable grounds for believing that the cheque would be paid in
        full on presentation; and

   (b)  had no intent to defraud.

(3) The fact that at the time when the cheque was passed there were some funds
to the credit of the account on which the cheque was drawn shall not of itself
be a defence.

(4) No proceedings shall be brought against any person for an offence against
this section except with the consent of the Director of Public Prosecutions.

Division 3-Illegal taking or using of vehicles