Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p26
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 63494–66206

appointed under sub-section (1)—
     (a) holds the appointment for such period, not exceeding 5 years, as is specified in the instrument of the person's appointment, but is eligible for re-appointment; and
     (b) may resign the appointment by writing signed by the person and delivered to the Minister.
"(5) The Minister may—
     (a) determine the terms and conditions of appointment, including remuneration, of a person appointed under sub-section (1); and
     (b) at any time terminate such an appointment.

"(6) The Minister may, for the purpose of appointing under sub-section (1) a person who is the holder of a judicial office of a State, enter into such arrangement with the appropriate Minister of the State as is necessary to secure that person's services.
"(7) An arrangement under sub-section (6) may provide for the Commonwealth to reimburse a State with respect to the services of the person to whom the arrangement relates.
"(8) The appointment under sub-section (1) of the holder of a judicial office, or service by the holder of a judicial office pursuant to such an appointment, does not affect the person's tenure of that judicial office or the person's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office and, for all purposes, the person's service pursuant to such an appointment shall be taken to be service as the holder of that judicial office.
"(9) In this section, 'judicial office' means—
     (a) an office of Judge of a court created by the Parliament; or
     (b) an office the holder of which has, by virtue of holding that office, the same status as a Judge of a court created by the Parliament.".

Exercise of inquiry powers by Commission
41. Section 60 of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-sections:
"(1) Subject to sub-section 48 (3), the powers of the Commission to hold inquiries under this Act may, if the President so directs, be exercised by a single member of the Commission who is a legally qualified person, or by 2 or more members of the Commission at least one of whom is a legally qualified person.
"(2) Where the power of the Commission to hold an inquiry is being exercised by 2 or more members of the Commission—
     (a) if only one of those members is a legally qualified person—that member shall preside; or
     (b) if 2 or more of those members are legally qualified persons—
        (i) if one of those persons is the President—the President shall preside; or
        (ii) in any other case—those members shall elect one of those persons to preside.".

Making of interim determination
42. Section 80 of