Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 144

144 Mortgage of trustee (Torres Strait Islander) lease

(1) Subject to subsection (2) , a lessee of Torres Strait Islander trust land may, under the Land Act, chapter 6 , part 4 , division 4 , mortgage a trustee (Torres Strait Islander) lease.

(2) For mortgaging a trustee (Torres Strait Islander) lease—

(a) the Land Act, chapter 6 , part 4 , division 4 , applies—

(i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and

(ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and

(iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and

(iv) as if section 347 were omitted; and

(b) section 138 applies as if the reference in section 138 (1) to Torres Strait Islander land were a reference to Torres Strait Islander trust land.