Cheques Regulations 2018

The instrument builds on and implements concepts defined in the Cheques Act 1986. It is concentrated on three practical regulatory subjects: designation of places for cheque business, the register of notices related to notified places, and the calculation of interest for damages on dishonour.

Key defined or referenced concepts in the instrument include:

• FCA institution: regulation 6 prescribes particular corporate entities for paragraph (b) of the definition of FCA institution in subsection 3(1) of the Act. The instrument does not reproduce the Act’s full definition, it supplements it by list. The three named bodies are Primac Elders Limited, Wesfarmers Dalgety Limited and Wesfarmers Limited (regulation 6).
• Designated place and notified place: the instrument operates in conjunction with the Act’s mechanisms for a financial institution to specify a place as a designated or notified place (see regulation 7 and Schedule 1, and the cross-references in regulation 7 to subsection 65(1) of the Act and in the note to regulation 8 to subsection 65A(2) of the Act). The instrument prescribes the form for a notice to specify a designated place (Schedule 1).
• Register of notices: regulation 8 requires the eligible authority to keep a register of notices given by financial institutions under subsection 65A(2) of the Act (notified places) and variations or revocations of those notices. The Act provides the statutory basis for the register at subsection 65A(5), and the Regulations set out practical obligations for the register’s keeping, inspection and information reproduction (regulations 8 to 10).
• Inspection and obtaining information: regulation 9 prescribes who may inspect the register and the conditions on employees of financial institutions; regulation 10 prescribes the fees and the process for obtaining information extracted from the register, including a $20 fee for a single-notice extraction and a formula for multiple-notice extractions (regulation 10(2) and (3)).
• Damages on dishonour: regulation 11 clarifies the computation of interest that is payable as damages under subparagraphs 76(1)(a)(ii) and (b)(ii) of the Act. It specifies the start and end dates for the interest period (regulation 11(2)), provides that interest for a part payment is not payable from the day the part payment is made (regulation 11(3)), and ties the applicable interest rate to the most recently published monthly average yield of 3-month Bank Accepted Bills and Negotiable Certificates of Deposit published by the Reserve Bank of Australia before the day the cheque was dishonoured (regulation 11(4)).

The Regulations also adopt standard transitional concepts: commencement day, old law (the repealed Cheques Regulations 1987), transitional preservation of registers and validation of prior acts that could have been done under the new instrument (regulations 12 to 15).

These concepts operate together. For example, a financial institution intending to treat a location as a designated place for cheque purposes must use the prescribed form in Schedule 1 (regulation 7), publish it according to the form’s options, and if the notice constitutes a notified place under the Act, the notice must be recorded in the eligible authority’s register (regulation 8). Parties seeking register data may inspect (regulation 9) or obtain copies on payment (regulation 10). Separately, when a cheque is dishonoured, the instrument directs how to calculate interest on the damages claim (regulation 11).

The instrument identifies and affects several discrete groups, with different obligations and entitlements:

• Financial institutions: The Regulations impose procedural obligations on financial institutions. They must use the prescribed notice form in Schedule 1 when specifying a place as a designated place under subsection 65(1) of the Act (regulation 7). If a financial institution wishes to have a place recorded as a notified place under subsection 65A(2) of the Act, its notices will appear in the eligible authority’s register (regulation 8). Employees of financial institutions may inspect the register, but only if they are required by their employer to inspect it, apply to the eligible authority, and produce a written statement from an officer of the institution confirming that requirement (regulation 9(b)(i)-(iii)). Financial institutions will also need to apply regulation 11 when calculating interest on damages on dishonour for claims they make or receive under the Act.
• Eligible authority: The instrument places administrative responsibilities and discretion with the eligible authority. The authority must keep the register of notices (regulation 8(1)) and it may determine the form and manner in which the register is kept (regulation 8(2)). The eligible authority must provide information contained in the register as soon as practicable upon request and payment of the prescribed fee (regulation 10(1)). The authority decides the mechanics of the register and therefore determines how easy or burdensome access and searching will be (regulation 8(2)).
• Persons requesting register information: Third parties who wish to obtain information from the register will face fees established by regulation 10. The fee for a single-notice extraction is $20 (regulation 10(2)). For multiple notices, a formula is provided (regulation 10(3); the instrument includes the formula as published). Those requesting information must pay the fee before the eligible authority is required to provide the information (regulation 10(1)(b)).
• Employees of the eligible authority: These employees have an express entitlement to inspect the register (regulation 9(a)). The instrument does not impose a fee for inspection (note to regulation 9).
• Specified corporate bodies: The Regulations expressly designate Primac Elders Limited, Wesfarmers Dalgety Limited and Wesfarmers Limited as FCA institutions for the particular subparagraph in the Act (regulation 6). This has legal consequences only in connection with the Act’s definition of FCA institution and any rights, duties, or thresholds that hinge on that definition in the Act.
• Cheque payees and drawer parties: The instrument affects the way damages on dishonest cheque dishonour are computed through regulation 11. Parties seeking interest as damages under subparagraphs 76(1)(a)(ii) and (b)(ii) of the Act will have the start and end of the interest period and the applicable interest rate determined by regulation 11(2)-(4).

Who pays and who decides: The eligible authority decides the register’s form and manner (regulation 8(2)) and supplies register extracts on payment (regulation 10). Requesters pay the fees; the instrument sets the per-notice fee and a multiple-notice formula (regulation 10). Financial institutions pay the operational cost of preparing and publishing notices in the prescribed form (regulation 7 and Schedule 1). Parties claiming damages on dishonour bear the evidentiary task of proving the dishonour and the date for calculating the interest that regulation 11 prescribes; the rate itself is drawn from an RBA publication (regulation 11(4)).

The Regulations therefore redistribute administrative tasks and modest fee costs across financial institutions, the eligible authority, and information requesters, while using an external market publication to fix interest rates for damages on dishonour.

The Regulations impose specific duties and confer limited rights. Below are the principal operational obligations and entitlements, with the controlling provisions cited.

Duties on financial institutions

• Use prescribed notice form: A financial institution must use the form set out in Schedule 1 for notices that specify a place as a designated place under subsection 65(1) of the Act, because regulation 7 prescribes that form for the purposes of subsection 65(1).
• Prepare separate notice per designated place: Schedule 1 instructs "Prepare a separate notice for each designated place". The notice must include the physical address (not a post office box or bag), the classes of cheques covered identified with reasonable certainty, days and hours the place is open for business, and means of communications to that place (Schedule 1).
• Authorise publication: The notice must indicate the officer who authorised publication and the date of authorisation (Schedule 1).
• File notices with the eligible authority as required by the Act: Notices that are notices under subsection 65A(2) of the Act must be kept in the register (regulation 8(1)(a)).

Duties on the eligible authority

• Keep a register: Regulation 8(1) requires the eligible authority to keep a register of notices given under subsection 65A(2) of the Act and variations or revocations (regulation 8(1)(a) and (b)).
• Determine form and manner: The register must be kept "in such form and manner as the eligible authority directs" (regulation 8(2)). This is a delegated administrative discretion.
• Provide information on payment: Regulation 10(1) obliges the eligible authority to provide information from the register "as soon as practicable" if asked and if the fee under regulation 10(2) or (3) is paid.
• Permit inspection: Under regulation 9, the eligible authority must permit inspections by its own employees and, subject to the conditions in regulation 9(b), by specified employees of financial institutions.

Rights and entitlements

• Right to inspect the register: Employees of the eligible authority may inspect. Employees of financial institutions may inspect if they are required by their employer to do so, apply to the authority, and show a written statement by an officer of the financial institution to that effect (regulation 9(b)(i)-(iii)). The instrument’s note states no fee is payable to inspect the register (note to regulation 9).
• Right to obtain register information subject to fees: Any person who asks for information and pays the fee must be given the information as soon as practicable (regulation 10(1)). The fee for one notice is $20 (regulation 10(2)); a formula applies for more than one notice (regulation 10(3)).
• Interest entitlement for damages on dishonour: Regulation 11 sets the claimant’s entitlement to interest under subparagraphs 76(1)(a)(ii) and (b)(ii) of the Act. It defines the interest period and rate and excludes interest in respect of part payments from the day the part payment is made (regulation 11(2)-(4)).

Specific technical duties

• Prohibition on PO box addresses in notice: Schedule 1 requires the address of the designated place "not being the address of a post office box or bag". That is a mandatory content requirement of the notice.
• Effective date language for notice: Schedule 1 provides two options for when the notice takes effect: on the day it is published in the Gazette or a later date specified in the notice. The notice must state which option applies (Schedule 1).

Delegations and discretions

• The eligible authority’s direction of the register’s form and manner is a central delegated discretion (regulation 8(2)).
• Regulation 10(1) requires the eligible authority to provide information "as soon as practicable", which embeds an administrative timing duty but also allows operational discretion regarding when that will occur.

Administrative interface with the Act

• Several duties and rights are framed as being "for the purposes of" particular subsections of the Act (see regulations 6, 7, 8, 9, 10 and 11). This confirms that the Regulations supply procedural detail that the Act calls for but does not itself contain.

Who pays and who benefits

• Requesters pay fees to obtain register information (regulation 10).
• Financial institutions incur the administrative costs of preparing and publishing notices in the prescribed form (regulation 7 and Schedule 1).
• Eligible authority bears the administrative cost of maintaining the register and discharging inspection and information-provision obligations, subject to the fee income from information requests.

The instrument contains no standalone offence provisions, fines or criminal penalties within its text. It is a regulation made under the Cheques Act 1986 and deals with procedural and administrative matters such as form of notices, registers and fees. The Regulations therefore do not themselves specify enforcement sanctions for non-compliance with their provisions.

How enforcement will operate in practice

• Where the Regulations require the use of a specified form (regulation 7 and Schedule 1), the Act may supply the enforcement leverage. The Regulations made under the Act implement statutory mechanisms that the Act identifies; any penalties for failing to comply with the Act’s substantive obligations will be in the Act rather than these Regulations. The instrument does not reproduce or modify penalty provisions from the Act.
• Administrative remedies: The instrument creates administrative duties (keep a register, supply information as soon as practicable after payment). Enforcement against a defaulting eligible authority or non-compliant financial institution will therefore depend on the Act’s supervisory framework and any general administrative law remedies, not on penalties in these Regulations.

Enforcement actors and practical levers

• The eligible authority is the administrative custodian of the register (regulation 8) and is therefore the primary actor responsible for compliance with the Regulations’ procedural obligations concerning the register, inspection and information supply.
• Where a financial institution fails to comply with the prescribed form requirement for a notice intended to specify a designated place (regulation 7 and Schedule 1), the likely practical consequence is that the notice will not achieve its statutory effect under the Act’s procedures (the Act’s substantive provisions determine the effect). The Regulations do not state administrative fines or refusal powers tied to form noncompliance.

Potential dispute vectors (source-grounded)

• Interpretation disputes about compliance with Schedule 1’s content requirements could give rise to administrative or judicial review questions as to whether a notice achieves the Act’s intended effect. The Regulations explicitly require certain content (for example, no PO box and reasonable certainty identification of classes of cheques), so failure to include those items may render a notice ineffective under the Act’s regime.
• The eligible authority’s discretion over the register’s "form and manner" (regulation 8(2)) could produce operational complaints about access or procedural fairness, but the Regulations themselves do not prescribe sanctions for arbitrary exercise of that discretion. Any challenge would rest on administrative law principles or the Act.

Fees and monetary enforcement

• The instrument prescribes a $20 fee for information from one notice (regulation 10(2)) and a formula for larger requests (regulation 10(3)). The eligible authority must provide information "as soon as practicable" once the fee is paid (regulation 10(1)). The instrument does not state enforcement consequences if the eligible authority fails to provide information after payment; remedies would be through administrative complaint channels or legal action under general law.

In short, the Regulations set administrative duties and financial charges, but they do not themselves create criminal or civil penalties. Enforcement and remedies for failures to comply will depend on the Cheques Act’s provisions and general administrative and civil law processes rather than on penalty terms in the Regulations.

The Regulations are expressly subordinate to and designed to operate within the Cheques Act 1986. They should be read and applied in conjunction with that Act. The instrument makes repeated cross‑references to specific subsections of the Act and uses the Act’s framework to define the effect of its rules.

Direct interactions with the Cheques Act 1986

• Source of authority: Regulation 3 states the instrument is made under the Cheques Act 1986. The Regulations implement procedural detail that the Act delegates to subordinate instruments (regulations 6-11 are all "for the purposes of" particular provisions of the Act).
• Definition interactions: The Regulations refer to various terms defined in the Act. Regulation 5 records that a number of expressions are defined in the Act, citing "cheque" (s 10 of the Act), "dishonour" (s 69 of the Act) and "financial institution" among others. The Regulations add to the Act’s definition of FCA institution for the purposes of paragraph (b) of subsection 3(1) by prescribing three specific bodies (regulation 6).
• Notices and registers: The Act provides for designated and notified places and for the keeping of a register under subsection 65A(5). The Regulations prescribe the form for notices under subsection 65(1) (regulation 7 and Schedule 1) and require the eligible authority to keep the register and provide inspection and reproduction rules (regulations 8 to 10). Thus, the Regulations operationalise the Act’s notice and register scheme.
• Damages on dishonour: Regulation 11 supplies the detailed method for calculating interest payable under subparagraphs 76(1)(a)(ii) and (b)(ii) of the Act, setting the period and the external market-based rate. This is a direct procedural-rates interaction between the Regulations and the Act.

Interaction with administrative law and general legal principles

• Discretion and review: The eligible authority’s responsibility to keep the register "in such form and manner as the eligible authority directs" (regulation 8(2)) permits administrative discretion. Challenges to the exercise of that discretion would proceed under general administrative law principles, not the Regulations themselves.
• Fees and access: The fee structure for obtaining information (regulation 10) interacts with general obligations on public authorities to provide access to information and the limits of charging powers. The Regulations create a specific charging mechanism for this register, but do not alter FOI or other information laws; any interplay with other access regimes is not addressed in the text.

Interaction with government publications and RBA data

• Interest rate benchmark: Regulation 11(4) fixes the applicable interest rate to "the monthly average yield of 3‑month Bank Accepted Bills and Negotiable Certificates of Deposit that was published most recently by the Reserve Bank of Australia before the day the cheque was dishonoured." This ties a statutory monetary calculation to a specific RBA publication. The instrument therefore interacts operationally with monetary market publications and requires users to identify the "most recently published" monthly average yield before the dishonour date.

Repeal and transitional interaction

• Full repeal of Cheques Regulations 1987: Schedule 2 repeals the 1987 Regulations in whole. Regulation 14 takes any register kept under the old law to be kept under section 8 of this instrument from the commencement day. Regulation 15 validates actions taken under the old law, to the extent they could have been done under this instrument. Those transitional provisions are designed to ensure continuity between the old delegation and the new one and to avoid gaps in regulatory effect on commencement.

What the Regulations do not do

• The instrument does not amend the Act itself. It does not create new substantive rights beyond those the Act contemplates.
• The Regulations do not interact explicitly with other Commonwealth statutes in their text. They do not address Privacy Act implications, Freedom of Information obligations, corporate law or other sectoral regimes. Any interaction with those regimes would depend on general legal principles and the specific facts of an interaction.

In sum, the Regulations function as an implementation-level layer beneath the Cheques Act 1986, operationalising the Act’s notice, register and interest calculation mechanisms, and relying on external RBA data for the interest rate. They leave certain administrative choices to the eligible authority and thereby interact with general administrative law.

The Regulations themselves are concise and contain internal commencement and repeal material. The instrument’s amendment history within the text is limited to two points: its commencement details and its repeal of the prior subordinate instrument.

Commencement

• The instrument’s commencement clause (regulation 2) contains a commencement table. The table states that "The whole of this instrument" commences the day after the instrument is registered, which the table records as 8 March 2018. Regulation 2(1) therefore establishes the operative date for all provisions of the instrument.
• Regulation 2(2) clarifies that any information in column 3 of the commencement table is not part of the instrument and may be edited in published versions. This emphasises that the recorded commencement date is the operative legal start, not editorial material in an online or printed version.

Repeal of the old regulations

• Schedule 2 repeals the Cheques Regulations 1987 in full. Schedule 2 contains one item: "The whole of the instrument. Repeal the instrument." That is the decisive repeal clause effecting the substitution of the 2018 Regulations for the 1987 Regulations.
• Regulation 4 states that each instrument specified in Schedule 2 is amended or repealed as set out in that Schedule, giving effect to Schedule 2’s repeal instruction.

Transitional and application provisions

• The instrument provides for continuity in the register: regulation 14 declares that a register kept under regulation 6 of the old law immediately before the commencement day is taken on and after that day to be kept under section 8 of this instrument. That avoids a gap in record-keeping where the old Regulations required a register.
• Regulation 15 validates "things done" under the old law for a particular purpose where that thing could have been done under the new instrument. The concretely stated effect is that notices, applications or other instruments given or made under the old law are effective as if given or made under the new instrument (regulation 15(1)-(2)). This is a standard transitional saving to preserve prior administrative acts.

Application of the interest provision across commencement

• Regulation 13 applies section 11 (the interest calculation rules) in relation to amounts of interest payable under subparagraph 76(1)(a)(ii) or (b)(ii) of the Act on or after the commencement day, "whether the period in relation to which interest is payable begins before, on or after the commencement day." Thus, section 11 has prospective effect in respect of interest that becomes payable on or after commencement even if the dishonour pre-dates commencement.

Scope of amendments

• Apart from the repeal of the 1987 Regulations and the discrete prescriptions in regulations 6 to 11, the instrument makes no further amendments to other instruments or statutes within its text. Regulation 4 limits Schedule 2 to specified instruments, and only the Cheques Regulations 1987 is listed.

Record on amendment history within the instrument

• The instrument’s text does not contain a schedule listing any prior amendments to the 2018 Regulations themselves, because this is the primary made instrument. There is no internal amendment history beyond the commencement and repeal items just described.

In short, the 2018 Regulations replace the entire 1987 subordinate instrument, commence on 8 March 2018, carry over registers and validate prior acts, and introduce a discrete set of procedural provisions set out above. The instrument’s own amendment history is therefore limited, consisting mainly of its repeal of the old Regulations and its own commencement.

The text of the Cheques Regulations 2018 contains no litigation history. It does not cite judicial decisions and does not record prior disputes or cases concerning its provisions. The instrument is procedural and administrative in character and focuses on notices, registers, fees and an interest methodology.

Potential sources of dispute drawn from the instrument

• Effectiveness of notices: Schedule 1 prescribes strict content requirements for a notice specifying a designated place, including the prohibition on a post office box address, identification of classes of cheques with reasonable certainty and specification of times and communications means. Disputes could arise about whether a particular notice satisfies those requirements and therefore whether it has the legal effect intended under the Act. The Regulations themselves do not record any judicial determinations on those points.
• Eligible authority discretion and procedural fairness: Regulation 8(2) gives the eligible authority discretion to determine the form and manner of the register. That delegated discretion could give rise to administrative law challenges if an affected party alleges unreasonable exercise or procedural deficiency. The Regulations contain no guidance on complaints or review mechanisms specific to this discretion.
• Fees and charging disputes: Regulation 10 sets a $20 fee for a single-notice information extract and a formula for multiple notices. Disputes about the correct fee calculation or about fee waiver entitlement would depend on the eligible authority’s practice and the exact formula provided in regulation 10(3). The instrument does not record any litigation on the formula or its application.
• Interest calculation: Regulation 11 ties the applicable rate to "the monthly average yield of 3‑month Bank Accepted Bills and Negotiable Certificates of Deposit" as published most recently by the Reserve Bank of Australia before the dishonour date. Disputes could arise over which RBA publication is the operative source or over which published figure is "most recently published" before the dishonour date. The Regulations offer no adjudicative guidance; such disputes would be resolved by courts applying the Regulation in context.

Absence of recorded litigation does not mean litigation is impossible. The instrument itself contemplates precise administrative acts and discrete data references, both of which can be contested in court or administrative review proceedings. The Regulations do not contain a binding internal dispute-resolution mechanism; the avenues for challenge are therefore the Act and general administrative and civil processes. Because the instrument repeals the 1987 Regulations and validates prior acts, some transitional disputes could conceivably have arisen during the handover, but none are recorded in the instrument’s text.

For practitioners, the relevant point is that disputes arising from interpretation of the Regulations will be litigated against the background of the Cheques Act 1986 and general administrative law; the Regulations themselves do not record or create a litigation record.

The Regulations are concise, but they include precise procedural requirements and a number of delegated discretions that can create practical pitfalls if overlooked. The following are source-grounded "gotchas" to watch for.

1. Prescribed form is mandatory for designated places (regulation 7 and Schedule 1)

• A financial institution must use the form in Schedule 1 for notices specifying a designated place (regulation 7). Schedule 1 requires a separate notice for each designated place and forbids using a post office box or bag as the address. Failure to follow the form’s mandatory elements may affect the statutory efficacy of the notice under the Act. The Regulations do not provide an alternative or a cure for defective notices; practitioners should ensure the notice includes the precise elements listed in Schedule 1.

2. The eligible authority controls the register’s form and manner (regulation 8(2))

• The register must be kept "in such form and manner as the eligible authority directs" (regulation 8(2)). This gives the eligible authority broad discretion over how the register is structured and searched. Registrants and information requesters therefore face variability in operational detail, and the instrument provides no standard or minimum accessibility requirements.

3. Inspection by bank employees requires documentary proof (regulation 9(b))

• Employees of financial institutions can only inspect the register if they satisfy three conditions: they are required by the financial institution to inspect the register, they apply to the eligible authority, and they show a written statement by an officer of the financial institution confirming the requirement (regulation 9(b)(i)-(iii)). The instrument’s note states that no fee is payable to inspect. Failure to produce the written statement will block inspection, so banks must prepare and maintain authorised written statements for employees who need access.

4. Fees for obtaining register information, and a formula for multiple notices (regulation 10)

• While inspection is free, extracting information requires payment. The fee for a single notice is $20 (regulation 10(2)). For more than one notice the fee is determined by a formula in regulation 10(3). The instrument’s text includes that formula as published; practitioners must consult the published regulation to compute fees accurately, particularly for larger requests. The eligible authority must provide the information "as soon as practicable" after payment (regulation 10(1)), but what is "as soon as practicable" is not defined.

5. Interest rate tied to RBA publication (regulation 11(4))

• The applicable interest rate for damages on dishonour is the monthly average yield of 3‑month Bank Accepted Bills and Negotiable Certificates of Deposit "that was published most recently by the Reserve Bank of Australia before the day the cheque was dishonoured" (regulation 11(4)). Practitioners need to identify correctly which RBA publication is the operative source and the correct "most recently published" figure prior to the dishonour date. Errors in selecting the published figure will miscalculate interest.

6. Treatment of part payments (regulation 11(3))

• Regulation 11(3) specifies that interest is not payable, in respect of a part payment, from the day on which that part payment is made. This requires parties calculating interest to recognise when part payments occur and to adjust the interest calculation accordingly. The regulation does not provide worked examples, so care is needed to apply this rule to partial satisfaction scenarios.

7. Transitional validation and effect around commencement (regulations 13-15)

• Section 11 applies to interest payable on or after the commencement day "whether the period in relation to which interest is payable begins before, on or after the commencement day" (regulation 13). This can produce situations where dishonour occurs before commencement but interest becomes payable after commencement. Likewise, a register kept under the old law is taken to be kept under the new regime (regulation 14). Those transitions are helpful, but practitioners should not assume that older forms or practices remain adequate after commencement; see Schedule 1’s mandatory content.

8. Narrow list of prescribed FCA institutions (regulation 6)

• Regulation 6 prescribes only three bodies as FCA institutions for the specific paragraph of the definition in subsection 3(1) of the Act. Where a party’s rights or responsibilities hinge on being an FCA institution under that paragraph, the list is limited to those named entities. The instrument does not explain why those particular bodies are prescribed or whether future additions are envisaged.

9. No penalty provisions in the Regulations themselves

• The Regulations do not create or amend offences or pecuniary penalties within the instrument’s text. Enforcement consequences for failing to comply with the Regulations will therefore depend on the Act or general legal remedies. Practitioners should ensure compliance because the Regulations specify procedural prerequisites that interact with statutory effects under the Act.

10. "Eligible authority" is the operational pivot but not defined here

• The instrument repeatedly refers to the "eligible authority" (regulations 8-10) but does not define it. That term is likely defined in the Act. Practitioners should identify the eligible authority under the Act to understand where to file notices, how to request register copies, and who determines form and manner for the register.

Each of these points is grounded in the Regulations’ text. They represent predictable operational friction points that require concrete steps by financial institutions, the eligible authority and information requesters to avoid unintended non-compliance or administrative delay.

This section sets out practical steps, grounded in the Regulations, for the main parties that must act under the instrument: financial institutions, the eligible authority, and persons seeking register information or calculating interest for damages on dishonour.

For financial institutions that want to specify a designated place (regulation 7; Schedule 1)

1. Use the prescribed form. Prepare a separate notice for each designated place using the text and fields required in Schedule 1. The Regulations prescribe this as the form to be used for notices under subsection 65(1) of the Act (regulation 7).
2. Provide a physical street address. Do not use a post office box or bag. Schedule 1 explicitly requires the address inserted "not being the address of a post office box or bag".
3. Identify the classes of cheques. In Schedule 1 the institution must "identify each of those classes with reasonable certainty". Draft the classes so they are clear and defensible.
4. State opening times and communication means. Schedule 1 requires identification of the days and hours the designated place will be open for business and the means by which communications may be made to the institution at that place.
5. Choose the effective date option. The notice must indicate whether it takes effect on "the day on which it is published in the Gazette" or on a later date specified in the notice.
6. Authorise publication. The notice must record the full name and designation of the officer authorised by the financial institution to authorise publication and the date of that authorisation (Schedule 1).
7. File or publish as required by the Act. The notice form does not itself create the statutory effect; ensure you comply with any Act-mandated publication, filing or notification steps (regulation 7 links Schedule 1 to subsection 65(1) of the Act).

For the eligible authority (regulations 8 to 10)

1. Establish and keep the register. The eligible authority must keep a register of notices given under subsection 65A(2) of the Act and variations or revocations of those notices (regulation 8(1)). Ensure register processes and retention policies are in place before notices are accepted.
2. Determine the register’s form and manner. Regulation 8(2) allows the authority to decide the technical form and operational manner. Publish or notify regulated entities of the register format, data fields, search and retrieval procedures and any technical access protocol.
3. Manage inspection requests. Permit inspection by eligible authority employees automatically. For employees of financial institutions require an application and a written statement from the institution’s officer confirming that the employee is required by the institution to inspect the register (regulation 9(b)(i)-(iii)). Ensure a record of such written statements is maintained.
4. Provide information on payment. The authority must provide information contained in the register as soon as practicable once the requester requests the information and pays the fee under regulation 10(2) or (3) (regulation 10(1)). Establish a workflow to accept payments, compute fees (including the multiple-notice formula in regulation 10(3)), and produce extracts promptly.
5. Maintain a transition plan. If the authority operated the old register under the 1987 Regulations, regulation 14 takes that register to be a register under section 8 from the commencement day. Ensure continuity of records and metadata.

For persons requesting register information (regulation 10)

1. Identify the notices you need. The single-notice fee is $20 (regulation 10(2)). For multiple notices use the formula in regulation 10(3). Confirm the list of notices precisely to avoid extra charges.
2. Apply and pay the fee. The eligible authority must be asked to provide the information and must be paid the appropriate fee before it is obliged to provide the information (regulation 10(1)(a)-(b)). Expect the authority to provide the information "as soon as practicable".
3. Consider inspection first. If an employee of a financial institution requires inspection and has the required written statement, inspection is free (regulation 9 and note). Where inspection alone suffices for your need, it avoids fees.

For parties calculating and claiming damages on dishonour (regulation 11)

1. Establish the dishonour date. Regulation 11(2) makes interest payable for the period beginning on the day the cheque is dishonoured and ending on the day the principal sum is paid in full.
2. Adjust for part payments. Regulation 11(3) states interest is not payable, in respect of a part payment, from the day on which that part payment is made. Ensure any part payment is dated and recorded because it alters the interest calculation.
3. Use the correct rate. Regulation 11(4) requires using the monthly average yield of 3‑month Bank Accepted Bills and Negotiable Certificates of Deposit that the Reserve Bank of Australia published most recently before the day the cheque was dishonoured. Identify the correct RBA publication and the specific monthly average yield figure current before the dishonour date and apply that rate to the interest period.
4. Apply regulation 13 where applicable. If the interest becomes payable on or after the commencement day, section 11 applies even if the period for interest began before commencement; regulation 13 confirms this application. Confirm the date on which interest first becomes payable to determine whether regulation 11 applies.

General compliance tips

• Keep templates and checklists. For financial institutions, maintain a standard Schedule 1 template and an internal authorisation form from an officer to satisfy regulation 7 and Schedule 1 requirements.
• Maintain provenance records. For notices and register submissions preserve copies of the Gazette publication, authorisation records and any filings with the eligible authority to prove the effective date and compliance.
• Coordinate with the eligible authority. Early engagement with the eligible authority to understand the register’s "form and manner", fee computation and the process to obtain extracts will reduce operational friction.
• Document part payments and dishonour actions. For interest calculations under regulation 11, contemporaneous records of dishonour dates, part payments and receipt of payments are essential.

Transitional matters

• If the institution or authority has an existing register kept under the old Regulations, regulation 14 takes that register forward; nonetheless, ensure any legacy records conform to the new register’s format and data requirements as directed by the eligible authority.
• Treat existing notices, applications or instruments made under the old law as preserved by regulation 15, but where possible reconfirm or re-submit under the new procedures to avoid argument.

Following these steps draws directly from the text of the Regulations: use the Schedule 1 form (regulation 7; Schedule 1), recognise the eligible authority’s control of register form and manner (regulation 8(2)), follow inspection prerequisites in regulation 9, pay the $20 single-notice fee or the formula-calculated fee (regulation 10(2)-(3)), and apply the interest rules in regulation 11.