(1)  The Governor may appoint a person to be Electoral Commissioner.

(2)  Before a person is appointed as Electoral Commissioner, the Minister is to consult –

(a) the Parliamentary leader of each party represented in the Assembly; and

(b) the President of the Council.

(3)  A person is not eligible to be appointed as Electoral Commissioner if the person is, or has been in the period of 5 years immediately preceding the date on which it is proposed to appoint that person –

(a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or

(b) a member of a party that is registered under this Act or under an Act of the Commonwealth or another State or a Territory as a political party or a member of a similar organisation.