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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 88

88 Insertion of new s 139B

Part 10—

insert—

'(1) Subsection (2) applies to a trustee (Aboriginal) 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 (Aboriginal) lease (the dealing) is taken to be, and to always have been, as valid as if—

(a) the dealing were a dealing carried out under this Act; and
(b) section 83R, 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 (Aboriginal) 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 (Aboriginal) lease (also the dealing) is taken to be, and to always have been, as valid as if section 83R, 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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