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Cheques Regulations 1987

Authoritative Version
SR 1987 No 130 Regulations as amended, taking into account amendments up to SR 1998 No. 238
Administered by: Treasury
Start Date 01 Dec 1998
End Date 02 Jun 2006
Date of repeal 08 Mar 2018
Repealed by Cheques Regulations 2018

CHEQUES REGULATIONS 1987



Compilation Information

A graphic exists here.

Cheques Regulations 1987

Statutory Rules 1987 No. 130 as amended
made under the
Cheques Act 1986
This compilation was prepared on 29 November 2000
taking into account amendments up to SR 1998 No. 238
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


CHEQUES REGULATIONS 1987

- REG 1
Name of Regulations [see Note 1]

These Regulations are the Cheques Regulations 1987.

CHEQUES REGULATIONS 1987

- REG 2
Definition

In these Regulations:

Act means the Cheques Act 1986.

CHEQUES REGULATIONS 1987

- REG 2A
FCA institutions

For paragraph (b) of the definition of FCA institution in subsection 3 (1) of the Act, the following registered corporations are prescribed:

(a)
Elders Rural Finance Limited;

(b)
Primac Elders Limited;

(c)
Wesfarmers Dalgety Limited;

(d)
Wesfarmers Limited;

(e)
Westralian Farmers Co-operative Limited.

CHEQUES REGULATIONS 1987

- REG 3
Designated place: prescribed form of notice by a financial
institution

For the purposes of subsection 65 (1) of the Act, the prescribed form of notice is Form 1 in the Schedule.

CHEQUES REGULATIONS 1987

- REG 4
Damages on dishonour: rate of interest

For the purposes of subparagraphs 76 (1) (a) (ii) and (b) (ii) of the Act, the interest payable, in relation to a cheque, in respect of the sum referred to in subparagraph 76 (1) (a) (i), or the amount referred to in subparagraph 76 (1) (b) (i) of the Act, is an amount calculated, in respect of the period commencing on the day on which the cheque is dishonoured, at a rate equal to the latest weighted average yield published before that day by the Reserve Bank of Australia for an issue of 13 week Treasury Notes in the form of inscribed stock under the Commonwealth Inscribed Stock Act 1911.

CHEQUES REGULATIONS 1987

- REG 6
Register of notices given under the Act, s 65A


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(1)
The eligible authority must keep a register of the following notices:

(a)
notices given to the authority by financial institutions under subsection 65A (2) of the Act;

(b)
notices varying or revoking notices of the kind mentioned in paragraph (a);

(2)
The register is to be kept in such form and manner as the eligible authority directs.

Note   A notice referred to in paragraph (1) (a) is a notice given to the eligible authority by a financial institution under subsection 65A (2) of the Act specifying a place as a notified place in relation to cheques for the Act.

CHEQUES REGULATIONS 1987

- REG 7
Inspection of the register

(1)
Subject to subregulation (2), the following persons may inspect the register of notices:

(a)
an employee of the eligible authority;

(b)
an employee of a financial institution who is required by the financial institution to inspect the register.

(2)
In the case of a person referred to in paragraph
(1)
(b), he or she must:

(a)
apply to the eligible authority to inspect the register; and

(b)
show to the eligible authority a written statement by an officer of the relevant financial institution to the effect that the person is required by the financial institution to inspect the register.

(3)
If the person complies with subregulation (2), the authority must, as soon as practicable, allow the person to inspect the register.

Note   No fee is payable to inspect the register.

CHEQUES REGULATIONS 1987

- REG 8
Obtaining information contained in the register

(1)
If a person:

(a)
asks the eligible authority to provide information contained in the register; and

(b)
pays the fee determined under subregulation (2) or (3);

the authority must, as soon as practicable, provide the information.

(2)
If the person asks the authority to provide information that must be obtained from one notice in the register, the fee for providing the information is $20.

(3)
If the person asks the authority to provide information that must be obtained from more than one notice in the register, the fee for providing the information is worked out using the formula:


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where N is the number of notices from which the information is obtained.

CHEQUES REGULATIONS 1987

Schedule Cheques Regulations 1987

(regulation 3)

Form 1 Notice by a financial institution specifying a place as a designated place for the Cheques Act 1986

(Prepare a separate notice for each designated place)

TAKE NOTICE that (insert full name of financial institution giving the notice) hereby specifies:

(a)
(insert address of the place to be designated, not being the address of a post office box or bag) as a designated place for the purposes of (insert any one or more of `subsection 62 (1)' or `subsection 62 (9)' as the case requires) of the Cheques Act 1986 in relation to the following classes of cheques:

(identify each of those classes with reasonable certainty);

(b)
(identify the days and the hours of each of those days) as the times when the financial institution will be open for business at that designated place; and

(c)
(identify the means) as the means by which communications may be made to the financial institution at that designated place.

THIS NOTICE has effect on and from (insert `the day on which it is published in the Commonwealth of Australia Gazette' or, if this notice is to have effect on a later date, insert that date).

*Publication of this notice was authorised by (insert full name and designation of an officer of the financial institution giving the notice who is authorised by the financial institution to authorise publication of this notice — the officer's signature is not required) on (date).

CHEQUES REGULATIONS 1987

- Note 1

Notes to the Cheques Regulations 1987

Note 1

The Cheques Regulations 1987 (in force under the Cheques Act 1986) as shown in this compilation comprise Statutory Rules 1987 No. 130 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1987 No. 130
25 June 1987
25 June 1987

1988 No. 37
24 Mar 1988
24 Mar 1988

1994 No. 100
19 Apr 1994
19 Apr 1994

1994 No. 406
13 Dec 1994
16 Dec 1994 (see r. 1 and Gazette 1994, No. S435)

1997 No. 276
24 Sept 1997
24 Sept 1997

1998 No. 238
22 July 1998
1 Dec 1998

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 1998 No. 238
R. 2
rs. 1998 No. 238
R. 2A
ad. 1988 No. 37

rs. 1994 No. 100; 1997 No. 276

am.1998 No. 238
Heading to r. 3
am. 1998 No. 238
R. 5
rep. 1998 No. 238
R. 6
ad. 1994 No. 406

am. 1998 No. 238
Notes to r. 6
rep. 1998 No. 238
Note to r. 6
ad. 1998 No. 238
R. 7
ad. 1994 No. 406

am. 1998 No. 238
R. 8
ad. 1994 No. 406

am. 1998 No. 238
Schedule
am. 1994 No. 406; 1998 No. 238
Heading to Form 1
rs. 1998 No. 238
Form 1
1987 No. 130

am. 1994 No. 406; 1998 No. 238
Form 2
1987 No. 130

am. 1994 No. 406

rep. 1998 No. 238