Document ID: chunk:federal_register_of_legislation:C2017C00074:section:93
Version: federal_register_of_legislation:C2017C00074
Segment Type: section
Provision Reference: s 93
Character Range: 90962–91944

93  Payment of crossed cheque otherwise than in accordance with crossing
 (1) Subject to subsection (2), where the drawee institution pays a crossed cheque otherwise than to a financial institution, the drawee institution is liable to the true owner of the cheque for any loss the true owner suffers as a result of the cheque having been paid otherwise than to a financial institution.
 (2) Subject to subsection 32(1), where:
 (a) a crossed cheque is presented for payment to the drawee institution;
 (b) the cheque, at the time of presentment, does not appear, on its face, to be, or at any time to have been, a crossed cheque; and
 (c) the drawee institution, in good faith and without negligence, pays the cheque otherwise than to a financial institution;
the drawee institution:
 (d) does not, in paying the cheque, incur any liability by reason only of its failure to pay the cheque to a financial institution; and
 (e) shall be deemed to have paid the cheque in due course.