242Appointment of the Deputy Commissioners

242 Appointment of the Deputy Commissioners

Appointment by Governor‑General (1) A National Anti‑Corruption Deputy Commissioner is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister. (2) Before the Minister makes a recommendation to the Governor‑General: (a) the Minister must have referred the proposed recommendation to the Committee under section 178; and (b) one of the following must have occurred: (i) the Committee was taken to have approved the proposed recommendation under subsection (4) of that section; (ii) the Committee has notified the Minister that it has decided to approve the proposed recommendation. Qualification for appointment (3) A person must not be appointed as a Deputy Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience. (4) At least 2 Deputy Commissioners (or if there is only one Deputy Commissioner—that Deputy Commissioner) must be: (a) a retired judge of a federal court or a court of a State or Territory; or (b) enrolled as a legal practitioner (however described) of a federal court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years. (5) A person must not be appointed as a Deputy Commissioner if the person has previously been appointed as the Commissioner. Period of appointment (6) A Deputy Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (7) A Deputy Commissioner may be reappointed on one occasion after the Deputy Commissioner’s first appointment. Basis of appointment (8) A Deputy Commissioner may be appointed on a full‑time or part‑time basis.