- Laws of Fiji

[NPS 45] Electronically truncated cheque and electronic cheque image presentment45

(1) A bank may present a cheque for payment to the person on whom it is drawn by notifying the person of its essential features by electronic means, electronic truncated cheque or otherwise by scanned image of the same electronic cheque image, instead of by presenting the cheque itself.

(2) If a cheque is presented for payment under this section, presentment does not have to be made at the proper place or at a reasonable hour on a business day.

(3) If, before the close of business on the next business day following presentment of a cheque under this section, the bank on whom the cheque is drawn requests the bank by whom the cheque was presented to present the cheque itself—

(a)the presentment under this section must be disregarded; and
(b)this section does not apply in relation to the subsequent presentment of the cheque.

(4) A request under subsection (3) for the presentment of a cheque does not constitute dishonour of the cheque by non-payment.

(5) Where presentment of a cheque is made under this section, the bank which presented the cheque and the bank on whom it is drawn are subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment.

(6) For the purposes of this section, the essential features of a cheque are—

(a)the serial number of the cheque;
(b)the code which identifies the bank on whom the cheque is drawn;
(c)the account number of the drawer of the cheque;
(d)the amount of the cheque as entered by the drawer of the cheque; and
(e)the date of the cheque as entered by the drawer of the cheque.

(7) Electronically truncated cheques and electronic cheque images in conformity with this section are admissible evidence in all cases, whether civil, commercial, criminal or administrative.