(1) A person shall not be appointed as a Commissioner unless he or she is or has been a Judge.
(3) The appointment of a Judge as a Commissioner and the Judge's service as a Commissioner does not affect:
(a) his or her tenure of judicial office; or
(b) the Judge's rank, title, status, precedence, salary or annual allowances or other judicial privileges as the holder of that judicial office.
(3A) For all purposes, the Judge's service as a Commissioner is taken to be service as the holder of his or her judicial office.
(4) In this section, Judge means:
(a) a Judge of the Federal Court of Australia; or
(b) a Judge, additional Judge, or acting Judge of the Supreme Court of the Northern Territory.