12Eligibility for appointment

12 Eligibility for appointment (1) A person is an eligible person for appointment as the Commissioner if: (a) the person is: (i) a former judge of a superior Court; or (ii) a lawyer who has been admitted to the legal profession for at least 10 years; and (b) the person is not: (i) a judicial officer; or (ii) a member of an Australian parliament; or (iii) a member of a local government council or of an equivalent body in another Territory or a State; and (c) the person does not have a recent political affiliation; and (d) the person is not, and has not been during the previous 2 years, an acting ICAC appointed under section 59(1). (2) If a person who is a public officer (other than as the Commissioner or as an Integrity Officer) is appointed as the Commissioner, the person cannot exercise any powers or perform any functions (as an Integrity Officer or otherwise) while the person remains a public officer.