Div 1The Electoral Commissioner and Deputy Electoral Commissioner

Division 1—The Electoral Commissioner and Deputy Electoral Commissioner 5—Appointment of Electoral Commissioner and Deputy Electoral Commissioner (1) The Governor may— (a) on a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Electoral Commissioner; and (b) appoint a person to be the Deputy Electoral Commissioner. (2) On a vacancy occurring in the office of Electoral Commissioner, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee established under the Parliamentary Committees Act 1991. (3) Neither the Electoral Commissioner nor the Deputy Electoral Commissioner may, without the consent of the Minister, engage in any remunerative employment outside the functions and duties of their respective offices. 6—Acting appointments (1) If— (a) the office of Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent from the duties of his or her office; and (b) the office of Deputy Electoral Commissioner is vacant or the Deputy Electoral Commissioner is unavailable to act in the office of the Electoral Commissioner, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of the Electoral Commissioner. (2) If the office of Deputy Electoral Commissioner is temporarily vacant, or the Deputy Electoral Commissioner is absent from the duties of his or her office, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of Deputy Electoral Commissioner. 7—Remuneration and conditions of office (1) The Electoral Commissioner and the Deputy Electoral Commissioner hold office, subject to this Act, on terms and conditions determined by the Governor. (2) The Electoral Commissioner and the Deputy Electoral Commissioner are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices. (3) A salary determined by the Remuneration Tribunal for the Electoral Commissioner or the Deputy Electoral Commissioner cannot be reduced by subsequent determination during the term of office of the Electoral Commissioner or the Deputy Electoral Commissioner (as the case may be). (5) The Electoral Commissioner and Deputy Electoral Commissioner are employees within the meaning and for the purposes of the Superannuation Act 1988. (6) A person appointed as Electoral Commissioner is so appointed for a term expiring on the day on which he or she attains the age of 65 years. (6a) A person appointed after the commencement of this subsection as Deputy Electoral Commissioner is so appointed for a term expiring 1 year after polling day of the general election second occurring after the person's appointment under this section and, at the expiration of a term of appointment, is eligible for reappointment. (7) The Governor may remove the Electoral Commissioner or Deputy Electoral Commissioner from office on presentation of an address from both Houses of Parliament praying for his or her removal. (8) The Governor may suspend the Electoral Commissioner or Deputy Electoral Commissioner from office on the ground of incompetence or misbehaviour and, in the event of such a suspension— (a) a full statement of the reason for the suspension must be laid before Parliament within 3 sitting days if Parliament is then in session or, if not, within 3 sitting days of the commencement of the next session of Parliament; and (b) if within 12 sitting days of the statement being laid before Parliament no address praying for removal of the Electoral Commissioner or Deputy Electoral Commissioner is presented to the Governor under subsection (7), he or she must be restored to office, but if such an address is presented, he or she may be removed from office. (9) The office of the Electoral Commissioner or Deputy Electoral Commissioner becomes vacant if— (a) he or she dies; (b) he or she resigns his or her office by written notice addressed to the Governor, or his or her term of office expires; (c) in the case of the Electoral Commissioner—having reached the age of 55 years, he or she retires from office by written notice addressed to the Governor; (d) he or she is removed from office under subsection (7) or (8); (e) he or she is convicted of an indictable offence or sentenced to imprisonment for an offence; (f) he or she becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth; (g) he or she becomes, in the opinion of the Governor, physically or mentally incapable of satisfactorily carrying out his or her functions and duties. (10) The Electoral Commissioner and the Deputy Electoral Commissioner may only be removed or suspended from office as provided in this section. (11) Subject to this section, the office of— (a) the Electoral Commissioner; and (b) the Deputy Electoral Commissioner, may not become vacant.