18Legislative Assembly members not to be appointed

18 Legislative Assembly members not to be appointed (1) A member of the Legislative Assembly shall not be appointed as the Commissioner or to act as the Commissioner. (2) Subject to subsection (3), the appointment of a person as the Commissioner or to act as the Commissioner ceases on the person becoming a member of the Legislative Assembly. (3) Notwithstanding subsection (2), an appointment of a person referred to in that subsection shall continue in force in respect of a complaint made before the person became a member of the Legislative Assembly and in respect of which the person was performing any functions under this Act until the completion of proceedings under this Act in respect of the complaint. Part 2A Positive duty to eliminate discrimination, sexual harassment and victimisation