Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p11
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 26027–28734

of the Commission.

"(4) A person 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) Unless the contrary intention appears, 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;
'State' includes the Northern Territory.

Reference of matter to the Commission by the Minister
"25. The Minister may refer any matter to the Commission for inquiry as a complaint under this Part.

Inquiries into complaints
"25a. (1) Subject to sub-section (2), the Commission shall hold an inquiry into each complaint or matter referred to it under sub-section 24 (5) or 24e (1) or section 25.
"(2) The Commission shall not hold, or shall discontinue, an inquiry into a complaint or matter referred to it—

     (a) in the case of a complaint or matter referred to it under sub-section 24 (5) or 24e (1)—if the complainant notifies the Commission that the complainant does not wish the inquiry to be held or to continue; or
     (b) in the case of a matter referred to it under section 25—if the Minister notifies the Commission that the Minister does not wish the inquiry to be held or to continue.

Exercise of