4BIndigenous‑held land

#### 4B Indigenous‑held land Indigenous‑held land (1) For the purposes of this Act, land is indigenous‑held land if, and only if: (a) an interest in the land is held by an Aboriginal or Torres Strait Islander corporation; or (b) an interest in the land is held by an Aboriginal person or a Torres Strait Islander. Exception—minority interest in tenancy in common (2) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in a tenancy in common; and (b) the proportion of the shares in the tenancy in common held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—minority interest in partnership property (3) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in partnership property; and (b) the proportion of the shares in the partnership property held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—interest of a mortgagee (4) For the purposes of subsection (1), an interest in land is to be ignored if the interest is held in the capacity of mortgagee (whether legal or equitable).