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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 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.



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