Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 59

                   Presentment of a cheque for payment is dispensed with:

                     (a)  where the cheque cannot, with the exercise of reasonable diligence, be duly presented; or

                    (aa)  if the drawee institution has become a failed financial institution within the meaning of subsection 70A(2); or

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

                              (i)  where:

                                        (A)  the drawee institution is not, as between the drawer and itself, under an obligation to pay the cheque; and

                                        (B)  the drawer had no reason to believe, at the time of the issue of the cheque, that the cheque would be paid if duly presented;

                             (ii)  where the drawer has, expressly or by implication, waived the right to presentment; or

                     (c)  as regards an indorser, where the indorser has, expressly or by implication, waived the right to presentment.