(1) A Commonwealth AER member is to be appointed by the Governor-General by written instrument.
(2) The Commonwealth AER member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(3) A person is not eligible for appointment as the Commonwealth AER member unless the person is a member of the Commission. If the person ceases to be a member of the Commission, then the person also ceases to be an AER member.
(4) A person is not eligible for appointment as the Commonwealth AER member unless the person has been chosen for appointment in accordance with the Australian Energy Market Agreement.