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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 186

186 Insertion of new pt 9A

Before part 10—

insert—

'(1) Subsection (2) applies to a trustee (Torres Strait Islander) lease if the lease—

(a) was granted under the Land Act, section 57 before 18 July 2008; and
(b) was amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act, chapter 3, part 1, division 7.

'(2) The amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (the dealing) is taken to be, and to always have been, as valid as if—

(a) the dealing were carried out under this Act; and
(b) section 80D, as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.

'(3) Subsection (4) applies to a trustee (Torres Strait Islander) lease if the lease—

(a) was granted under the Land Act, section 57 before 18 July 2008; and
(b) was amended, transferred, mortgaged or subleased, during the relevant period, under this Act.

'(4) The amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (also the dealing) is taken to be, and to always have been, as valid as if section 80D, as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.

'(5) In this section—

relevant period means the period starting on 18 July 2008 and ending immediately before the commencement of this section.'.



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