Electoral Act 1907

In this section and sections 5C and 5E Electoral Commissioner includes Deputy Electoral Commissioner.

The Electoral Commissioner must be appointed by the Governor on the recommendation of the Premier, and holds office in accordance with this Act.

Before making a recommendation under subsection (2) the Premier must consult with the parliamentary leader of each parliamentary party.

A person appointed as the Electoral Commissioner holds office for such term not exceeding 9 years as is specified in the instrument of appointment, and is eligible for reappointment.

The Electoral Commissioner may resign from office by written notice signed by the Electoral Commissioner and given to the Governor.

The resignation takes effect and the office is vacated —

if a day for the resignation to take effect is specified in the written notice and that day is after the day on which the Governor receives the written notice — on the specified day; or

otherwise — when the Governor receives the written notice.

Subject to the Salaries and Allowances Act 1975, the Electoral Commissioner shall be paid a salary at such rate as the Governor may determine; and the rate of that salary shall not, without the consent of the Electoral Commissioner, be reduced during the term of office of the Electoral Commissioner.

The salary payable to the holder of the office of Electoral Commissioner under this section shall be charged to the Consolidated Account which, to the necessary extent, is hereby appropriated accordingly.

The Electoral Commissioner is entitled to such leave of absence and such travelling and other allowances as the Governor determines.

A person who is or has been a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as Electoral Commissioner, and if the Electoral Commissioner is nominated for election for the Parliament of the Commonwealth, or any other State, or a Territory the office of Electoral Commissioner becomes vacant.

The Electoral Commissioner is guilty of misconduct for the purposes of section 5C(2)(d) if —

the Electoral Commissioner does any of the following actions (each a relevant action) —

hold any office of profit or trust (other than the office as Electoral Commissioner);

engage in any occupation for reward outside the duties of the office;

the relevant action is not authorised by resolutions of both Houses of Parliament.

Section 52 of the Interpretation Act 1984 does not apply to the office of Electoral Commissioner.