20Appointment of the Commissioner

20 Appointment of the Commissioner (1) Subject to section 21, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Commissioner. (2) A person is an eligible person if he or she— (a) is or has been, or is qualified for appointment as, a judge of— (i) the High Court; or (ii) the Federal Court; or (iii) the Supreme Court of Victoria or another State or a Territory; (b) is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory. (3) A person holding a judicial office immediately before being appointed to be the Commissioner must cease to hold that judicial office upon being appointed to be the Commissioner.