Stuart Stone
Jun 06, 2014 6:45 AMI received a fun letter from Telstra (phone company here in Australia)...addressed to the person, and I take administrative duties seriously.
I had initially written to them as the Sole Authorised Administrator, informing them that I did not wish to purchase the debt and requested advice on ALL methods of discharge. I gave them 30 days to respond...nothing.
So I completed their bill, sent it back registered post, along with the relevant sections of the Bills of Exchange Act, explaining why & how I had completed the bill.
I received a letter back stating that the account was overdue, and that they don't accept bills of exchange, but that they accept payment via direct debit, credit card, BPAY (electronic transfer), cheque and in person at a post office or instore.
I was quite certain that a completed Bill of Exchange was indeed a cheque, but hadn't found proof yet...until I checked the Cheques Act 1986:
First, the definition of a Bill of Exchange:
Bills of Exchange Act 1909
4. Interpretation of Terms
Bill means bill of exchange.
Bills of Exchange Act 1909:
8 Bill of exchange defined
(1) A bill of exchange is an unconditional order in writing, addressed
by one person to another, signed by the person giving it, requiring
the person to whom it is addressed to pay on demand, or at a fixed
or determinable future time, a sum certain in money to or to the
order of a specified person, or to bearer.
(2) An instrument which does not comply with these conditions, or
which orders any act to be done in addition to the payment of
money, is not a bill of exchange.
(3) An order to pay out of a particular fund is not unconditional within
the meaning of this section; but an unqualified order to pay,
coupled with:
(a) an indication of a particular fund out of which the drawee is
to re-imburse himself, or a particular account to be debited
with the amount; or
(b) a statement of the transaction which gives rise to the bill;
is unconditional.
(4) A bill is not invalid by reason:
(a) that it is not dated;
(b) that it does not specify the value given, or that any value has
been given therefor; or
(c) that it does not specify the place where it is drawn, or the
place where it is payable.
And now, a cheque:
Cheques Act 1986:
10 Cheque defined
(1) A cheque is an unconditional order in writing that:
(a) is addressed by a person to another person, being a financial
institution; and
(b) is signed by the person giving it; and
(c) requires the financial institution to pay on demand a sum
certain in money.
Note: In this Act, financial institution has a restricted meaning�see the
definition in subsection 3(1).
(2) An instrument that does not comply with subsection (1), or that
orders any act to be done in addition to the payment of money, is
not a cheque.
Subsection 3(1)
financial institution means:
(a) the Reserve Bank of Australia; or
(b) a body corporate that is an ADI (authorised deposit-taking
institution) for the purposes of the Banking Act 1959; or
(d) a person who carries on State banking within the meaning of
paragraph 51(xiii) of the Constitution; or
(e) a person (other than a person referred to in paragraph (a), (b)
or (d)) who carries on the business of banking outside
Australia.
From these definitions, it appears that so long as we complete the Bill in accordance with the description as provided by Pete Daoust, the completed Bill is most definitely a cheque:
Here's a completed bill (in the Beverly Berta Braakschmack 'NOT MINE' style) :D
All hidden in plain sight...
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Last Updated: Jun 06, 2014 6:45 AM
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