Document ID: chunk:federal_register_of_legislation:C2025C00049:section:241
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 241
Character Range: 311295–312605

241  Appointment of the Commissioner

Appointment by Governor‑General
 (1) The National Anti‑Corruption Commissioner is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister.
 (2) Before the Minister makes a recommendation to the Governor‑General:
 (a) the Minister must have referred the proposed recommendation to the Committee under section 178; and
 (b) one of the following must have occurred:
 (i) the Committee was taken to have approved the proposed recommendation under subsection (4) of that section;
 (ii) the Committee has notified the Minister that it has decided to approve the proposed recommendation.

Qualification for appointment
 (3) A person must not be appointed as the Commissioner unless the person:
 (a) is a retired judge of a federal court or a court of a State or Territory; or
 (b) is enrolled as a legal practitioner (however described) of a federal court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years.

Period of appointment
 (4) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
 (5) The Commissioner must not be reappointed.

Basis of appointment
 (6) The Commissioner must be appointed on a full‑time basis.