Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 6

             (1)  There is established by this section a Commission by the name of the Australian Electoral Commission.

             (2)  The Commission shall consist of:

                     (a)  a Chairperson;

                     (b)  the Electoral Commissioner; and

                     (c)  one other member.

             (3)  The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.

             (4)  The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.

             (5)  A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:

                     (a)  an office of Agency Head (within the meaning of the Public Service Act 1999 ); or

                     (b)  an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).

             (6)  The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.