72Appointment of Commissioner

72  Appointment of Commissioner

Appointment by Governor‑General

 (1) The Commissioner is to be appointed by the Governor‑General by written instrument.

Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

 (2) A person must not be appointed as the Commissioner unless the Minister is satisfied:

 (a) that the person has suitable qualifications, training or experience; and

 (b) that the person was assessed by a panel as suitable for the appointment through an assessment process that:

 (i) was merit‑based; and

 (ii) included public advertising of the position.

 (3) A person must not be appointed as the Commissioner if the person has been a member of the Australian Defence Force at any time in the last 5 years.

Basis of appointment

 (4) The Commissioner must be appointed on a full‑time basis.

Period of appointment

 (5) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.