(1)  The Governor may appoint a person as Director.

(2)  A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years' standing as a practitioner and either –

(a) he or she has not previously been appointed under subsection (1) as Director; or

(b) he or she has previously been appointed under subsection (1) as Director and section 5(2) applies in relation to his or her appointment.

(3)  The State Service Act 2000 does not apply to the office of Director of Public Prosecutions or to a person holding that office.