(1) The Commissioner
and Deputy Commissioner must be appointed on the recommendation of the Premier
by the Governor by commission under the Public Seal of the State.
(2) The Premier can
recommend the appointment of a person under subsection (1) only if the
following requirements are satisfied —
(a) the
person’s name is on a list of 3 persons that is submitted to the Premier
by the nominating committee under section 9B(1);
(b) if
there is a Standing Committee —
(i)
the Premier has given the Standing Committee notice of
the proposed recommendation under section 9C(1); and
(ii)
the Standing Committee has not vetoed the proposed
recommendation under section 9C(2); and
(iii)
the period determined under section 9C(3) has ended;
(c) if
there is no Standing Committee — the Premier has consulted with the
Leader of the Opposition and the leader of any other political party with at
least 5 members in either House of Parliament.
[Section 9A inserted: No. 5 of 2024 s. 6.]