Electoral Act 2004

(1) A person is an eligible person for appointment as the

Electoral Commissioner if:

(a) the person has suitable qualifications or experience relating to the

Commissioner's functions; and

(b) the person is committed to the purposes of this Act and its underlying principles; and

(c) the person is not any of the following:

(i) a judicial officer;

(ii) a member of an Australian parliament;

(iii) a member of a local government council or of an equivalent body in a

State or another Territory;

(iv) a member of a political party; and

(d) the person does not have a recent political affiliation.

(2) For subsection (1)(d), a person has a recent political affiliation if, at any time during the previous 5 years, the person:

(a) was a member of the Legislative Assembly or a local government council;

or

(b) was an office holder or elected representative of a political party in the Territory or elsewhere in Australia; or

(c) was a member of staff of a minister; or

(d) made a reportable donation to a political party, or an associated entity of a political party, in the Territory or elsewhere in Australia.

(3) For subsection (2)(d), a person made a reportable donation if it was made by the person or by a body corporate of which the person was an office holder or majority shareholder at the time the donation was made.

(4) In this section:

reportable donation means a gift or loan that is required to be disclosed or reported under Part 10 or under a similar law in force in the Commonwealth or in a State or another Territory.