Document ID: chunk:federal_register_of_legislation:C2024C00490:section:44:p1
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 128241–130821

44  Eligible interest in an area of land—Torrens system land

Scope
 (1) This section applies to an area of land if the area is Torrens system land.

Eligible interest
 (2) For the purposes of this Act, if:
 (a) a person holds an estate in fee simple, or any other legal estate or interest, in the whole or a part of the area of land; and
 (b) the estate or interest is registered under a Torrens system of registration;
the estate or interest is an eligible interest held by the person in the area of land.
 (3) For the purposes of this Act, if:
 (a) under subsection (2), a person holds an eligible interest in the area of land; and
 (b) another person:
 (i) is a mortgagee of the eligible interest, where the mortgage is registered under a Torrens system of registration; or
 (ii) a chargee of the eligible interest, where the charge is registered under a Torrens system of registration;
the mortgage or charge is an eligible interest held by the other person in the area of land.
 (4) For the purposes of this Act, if the area of land is Crown land, the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.
 (5) The regulations may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the regulations holds an eligible interest in the area of land.
 (5A) The legislative rules may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the legislative rules holds an eligible interest in the area of land.
 (6) For the purposes of this Act, if:
 (a) the area of land is land rights land; and
 (b) any of the following subparagraphs applies to the area of land:
 (i) a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal peoples or Torres Strait Islanders;
 (ii) subparagraph (i) does not apply, and the land is held by the Commonwealth;
 (iii) subparagraph (i) does not apply, and the land is held by a statutory authority of the Commonwealth;
then:
 (c) if subparagraph (b)(i) applies—the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or
 (d) if subparagraph (b)(ii) applies—the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or
 (e) if subparagraph (b)(iii) applies—the Minister who administers the Act that establishes the statutory authority