(1) The Race Discrimination Commissioner shall be appointed by the Governor - General.
(2) A person must not be appointed under subsection (1) as the Race Discrimination Commissioner unless the Minister is satisfied that:
(a) the person has appropriate qualifications, knowledge or experience; and
(b) the selection of the person for the appointment is the result of a process that:
(i) was merit - based; and
(ii) included public advertising of the position.
(3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Race Discrimination Commissioner under a previous appointment under subsection (1).