(1) Subject to subsection ( 4), the terms and conditions of appointment of the Commissioner are as determined in writing by the Presiding Officers.
(2) For each determination, the Presiding Officers must seek the advice of the Remuneration Tribunal and take that advice into account.
(3) Each determination must be:
(a) published in the Gazette within 14 days; and
(b) laid before each House of the Parliament as soon as practicable;
after the determination is made.
(4) If the same person holds both the office of Commissioner and the office of Australian Public Service Commissioner, the person is not to be paid any remuneration in respect of the office of Commissioner.