Victorian Consolidated Legislation

Electoral Act 2002 - SECT 12

The Electoral Commissioner

12. The Electoral Commissioner



(1) The Governor in Council may appoint an officer to be called the Electoral
Commissioner.

(2) The Electoral Commissioner-

   (a)  holds office for a period of 10 years; and

   (b)  may be re-appointed for one or more periods each of which does not
        exceed 10 years as is specified in the instrument by which the
        Electoral Commissioner is re-appointed.

(3) A person who-

   (a)  is a member of a registered political party; or

   (b)  has been a member of a political party at any time during the period
        of 5 years immediately preceding the date of the proposed appointment-

cannot be appointed to be the Electoral Commissioner.

(4) The office of the Electoral Commissioner becomes vacant-

   (a)  upon acceptance by the Governor in Council of the Electoral
        Commissioner's resignation in writing; or

   (b)  upon the Electoral Commissioner becoming a bankrupt; or

   (c)  upon the Electoral Commissioner nominating for election for the
        Parliament of Victoria or of the Commonwealth or of any other State or
        Territory of the Commonwealth; or

   (d)  upon the Governor in Council determining that the Electoral
        Commissioner is physically or mentally incapable of carrying out the
        duties of office; or

   (e)  upon the passing of a resolution by both Houses of Parliament
        requesting the Electoral Commissioner's removal from office; or

   (f)  upon the Electoral Commissioner being convicted of an indictable
        offence or being sentenced to imprisonment for any offence.

(5) Nothing in the Public Administration Act 2004 applies to or in relation to
the office of the Electoral Commissioner or to any person holding that office.

(6) The Governor in Council may by Order in Council fix the terms and
conditions of employment which are applicable to the Electoral Commissioner.