Document ID: chunk:federal_register_of_legislation:C2025C00049:section:242
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 242
Character Range: 312605–314345

242  Appointment of the Deputy Commissioners

Appointment by Governor‑General
 (1) A National Anti‑Corruption Deputy 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 a Deputy Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
 (4) At least 2 Deputy Commissioners (or if there is only one Deputy Commissioner—that Deputy Commissioner) must be:
 (a) a retired judge of a federal court or a court of a State or Territory; or
 (b) 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.
 (5) A person must not be appointed as a Deputy Commissioner if the person has previously been appointed as the Commissioner.

Period of appointment
 (6) A Deputy Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
 (7) A Deputy Commissioner may be reappointed on one occasion after the Deputy Commissioner's first appointment.

Basis of appointment
 (8) A Deputy Commissioner may be appointed on a full‑time or part‑time basis.