12The Electoral Commissioner

12 The Electoral Commissioner (1) The Governor in Council may appoint an officer to be called the Electoral Commissioner. (2) The Electoral Commissioner— (a) holds office for a period of 10 years; and (b) may be re-appointed for one or more periods each of which does not exceed 10 years as is specified in the instrument by which the Electoral Commissioner is re-appointed. (3) A person who— (a) is a member of a registered political party; or (b) has been a member of a political party at any time during the period of 5 years immediately preceding the date of the proposed appointment— cannot be appointed to be the Electoral Commissioner. (4) The office of the Electoral Commissioner becomes vacant— (a) upon acceptance by the Governor in Council of the Electoral Commissioner's resignation in writing; or (b) upon the Electoral Commissioner becoming a bankrupt; or (c) upon the Electoral Commissioner nominating for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth; or (d) upon the Governor in Council determining that the Electoral Commissioner is physically or mentally incapable of carrying out the duties of office; or (e) upon the passing of a resolution by both Houses of Parliament requesting the Electoral Commissioner's removal from office; or (f) upon the Electoral Commissioner being convicted of an indictable offence or being sentenced to imprisonment for any offence. S. 12(5) amended by No. 108/2004 s. 117(1) (Sch. 3 item 62.1) (5) Nothing in the **Public Administration Act 2004** applies to or in relation to the office of the Electoral Commissioner or to any person holding that office. (6) The Governor in Council may by Order in Council fix the terms and conditions of employment which are applicable to the Electoral Commissioner.