Cheques and Payment Orders Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 406 1

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Cheques and Payment Orders Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Cheques and Payment Orders Act 1986.

Dated 6 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

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1.   Commencement

1.1   These Regulations commence on the day on which Part 4 of the Law and Justice Legislation Amendment Act 1994 commences.

2.   Amendment

2.1   The Cheques and Payment Orders Regulations are amended as set out in these Regulations.

3. New

regulations 6, 7 and 8

3.1   After regulation 5, insert:

Register of notices given under sections 65A and 109A of the Act

“6.

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

• (a)

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

• (b)

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

• (c)

  notices given to the authority by non-bank financial institutions under subsection 109A (2) of the Act;

• (d)

  notices varying or revoking notices of the kind mentioned in paragraph (c).

“(2)

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

[NOTES:

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

2. A notice referred to in paragraph (1) (c) is a notice given to the eligible authority by a non-bank financial institution under subsection 109A (2) of the Act specifying a place as a notified place in relation to payment orders for the purposes of the Act.]

Inspection of the register

“7.

(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 bank who is required by the bank to inspect the register;

• (c)

  an employee of a non-bank financial institution who is required by the institution to inspect the register.

“(2)

In the case of a person referred to in paragraph (1) (b) or (1) (c), 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 bank or non-bank financial institution to the effect that the person is required by the bank or 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.]

Obtaining information contained in the register

“8.

(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:

$20 + $(N — 1);

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

4.   Schedule

4.1   Form 1:

Omit “, ‘subsection 62 (6)’ ”.

4.2   Form 1:

Omit “1987”, substitute “(date)”.

4.3   Form 2:

Omit “financial institution” (wherever occurring), substitute “non-bank financial institution”.

4.4   Form 2:

Omit “financial institution” (wherever occurring), substitute “non-bank financial institution”.

4.5   Form 2:

Omit “, ‘subsection 106 (6)’ ”.

4.6   Form 2:

Omit “1987”, substitute “(date)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 December 1994.

2. Statutory Rules 1987 No. 130 as amended by 1988 No. 37; 1994 No. 100.