Electoral Act 1992

The Speaker may appoint a person as the chairperson of the electoral commission only if the person—

is or has been a judge; or

has been a justice of the High Court; or

has been the head of service; or

has been a director‑general of an administrative unit; or

has been a chief executive officer (however described) of a territory instrumentality; or

has been a statutory office-holder; or

has been a Commonwealth agency head; or

has been a member of—

the electoral commission; or

an authority of the Commonwealth or a State that the Speaker is satisfied corresponds to the electoral commission; or

is a person who—

is a lawyer; and

has been a lawyer for at least 5 years; and

the Speaker is satisfied has held a senior position in the legal profession; or

is a person who the Speaker is satisfied—

has held, for at least 5 years, a senior position—

as an academic; or

in business; or

in a profession; and

has the knowledge and experience to exercise the functions of chairperson.

In this section:

Commonwealth agency head means an agency head under the Public Service Act 1999 (Cwlth), section 7 (Interpretation).

Note The Public Service Act 1999 (Cwlth), s 7, defines agency head as—

the secretary of a department; or

the head of an executive agency; or

the head of a statutory agency.

judge means—

a judge of the Supreme Court; or

a judge of the Supreme Court of a State; or

a judge of the Federal Court or Family Court.

In this section, a reference to a person who was a director‑general of an administrative unit includes a reference to someone who was a chief executive of an administrative unit.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).