sec.144Mortgage of trustee (Torres Strait Islander) lease

### sec.144 Mortgage of trustee (Torres Strait Islander) lease 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. For mortgaging a trustee (Torres Strait Islander) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and 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 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 as if section 347 were omitted; and 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. s 144 ins 2008 No. 29 s 87 (sec.144-ssec.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. (sec.144-ssec.2) For mortgaging a trustee (Torres Strait Islander) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and 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 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 as if section 347 were omitted; and 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. - (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 - (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. - (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