(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.