Document ID: chunk:federal_register_of_legislation:C2017C00074:section:59
Version: federal_register_of_legislation:C2017C00074
Segment Type: section
Provision Reference: s 59
Character Range: 43678–44509

59  When presentment dispensed with
  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.