Document ID: chunk:federal_register_of_legislation:C2025C00152:section:6
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 6
Character Range: 44454–46356

6  Establishment of Commission
 (1) There is established by this section a Commission by the name of the Australian Electoral Commission.
 (2) The Commission shall consist of:
 (a) a Chairperson;
 (b) the Electoral Commissioner; and
 (c) one other member.
 (2A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
 (a) the Commission is a listed entity; and
 (b) the Electoral Commissioner is the accountable authority of the Commission; and
 (c) the following persons are officials of the Commission:
 (i) the Electoral Commissioner;
 (ii) the Deputy Electoral Commissioner;
 (iii) the Australian Electoral Officer for a State or Territory;
 (iv) the staff of the Commission referred to in section 29; and
 (d) the purposes of the Commission include:
 (i) the functions of the Commission referred to in section 7; and
 (ii) the functions of the Electoral Commissioner referred to in subsection 18(2).
 (3) The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.
 (4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
 (5) A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:
 (a) an office of Agency Head (within the meaning of the Public Service Act 1999); or
 (b) an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).
 (6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.