(1) The Commission shall consist of a Chairperson and not less than 2 other members.
(2) The members shall be appointed by the Governor - General.
(3) A member holds office, subject to this Act, for such period, being not less than one year or more than 5 years, as is specified in the instrument of the member's appointment, but is eligible for re - appointment.
(5) A member may be appointed as a full - time member or as a part - time member.
(5A) A person who is employed by the Commonwealth or by a State in a full - time capacity is not eligible for appointment as a part - time member.
(6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of:
(a) there being a vacancy in the office of Chairperson; or
(b) the number of other members falling below 2 for a period of not more than 6 months.
(6A) If the Chairperson was, immediately before the Chairperson's appointment, a Judge of a Federal Court or of the Supreme Court of a State or Territory, the Chairperson is to have the same designation, rank, status and precedence as a Judge of the Supreme Court of the Australian Capital Territory.