Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 12C

Eligibility for appointment as chairperson

    (1)     The Speaker may appoint a person as the chairperson of the electoral commission only if the person—

        (a)     is or has been a judge; or

        (b)     has been a justice of the High Court; or

        (c)     has been the head of service; or

        (d)     has been a director-general of an administrative unit; or

        (e)     has been a chief executive officer (however described) of a territory instrumentality; or

        (f)     has been a statutory office-holder; or

        (g)     has been a Commonwealth agency head; or

        (h)     has been a member of—

              (i)     the electoral commission; or

              (ii)     an authority of the Commonwealth or a State that the Speaker is satisfied corresponds to the electoral commission; or

              (i)     is a person who—

              (i)     is a lawyer; and

              (ii)     has been a lawyer for at least 5 years; and

              (iii)     the Speaker is satisfied has held a senior position in the legal profession; or

        (j)     is a person who the Speaker is satisfied—

              (i)     has held, for at least 5 years, a senior position—

    (A)     as an academic; or

    (B)     in business; or

    (C)     in a profession; and

              (ii)     has the knowledge and experience to exercise the functions of chairperson.

    (2)     In this section:

"Commonwealth agency head" means an agency head under the Public Service Act 1999

(Cwlth), section 7 (Interpretation).

Note     The Public Service Act 1999

(Cwlth), s 7, defines agency head as—

        (a)     the secretary of a department; or

        (b)     the head of an executive agency; or

        (c)     the head of a statutory agency.

"judge" means—

        (a)     a judge of the Supreme Court; or

        (b)     a judge of the Supreme Court of a State; or

        (c)     a judge of the Federal Court or Family Court.

    (3)     In this section, a reference to a person who was a "director-general "of an administrative unit includes a reference to someone who was a chief executive of an administrative unit.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).



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