251Appointment of examiners2

251 Appointment of examiners2 (1) An examiner is to be appointed by the Governor-General by3 written instrument.4 Note: An examiner may be reappointed: see section 33AA of the Acts5 Interpretation Act 1901.6 (2) A person must not be appointed as an examiner unless:7 (a) the person:8 (i) is enrolled as a legal practitioner; and9 (ii) has been so enrolled for at least 5 years; or10 (b) the person is a former Judge of a court created by the11 Parliament or of a court of a State or Territory.12 (3) An examiner holds office for the period specified in the instrument13 of appointment. The period must not exceed 5 years.14 (4) An examiner may be appointed on a full-time or part-time basis.15 252 Remuneration16 (1) An examiner is to be paid the remuneration that is determined by17 the Remuneration Tribunal. If no determination of that18 remuneration by the Tribunal is in operation, an examiner is to be19 paid the remuneration that is prescribed by the rules.20 (2) An examiner is to be paid the allowances that are prescribed by the21 rules.22 (3) This section has effect subject to the Remuneration Tribunal Act23 1973.24

Division 3 Appointment etc. of examiners 258 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 253 Leave of absence1 Appointment on a full-time basis2 (1) An examiner appointed on a full-time basis has the recreation leave3 entitlements that are determined by the Remuneration Tribunal.4 (2) The Director-General may grant an examiner appointed on a5 full-time basis leave of absence, other than recreation leave, on the6 terms and conditions as to remuneration or otherwise that the7 Director-General determines in writing.8 Appointment on a part-time basis9 (3) The Director-General may grant leave of absence to an examiner10 appointed on a part-time basis on the terms and conditions that the11 Director-General determines in writing.12