Document ID: chunk:federal_register_of_legislation:C2025C00105:section:4b
Version: federal_register_of_legislation:C2025C00105
Segment Type: section
Provision Reference: s 4B
Character Range: 27220–28554

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).