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Division 1--Office of the Privacy Commissioner

19 Establishment of the Office of the Privacy Commissioner

(1) The Office of the Privacy Commissioner is established by this section.

(2) The Office of the Privacy Commissioner consists of the Privacy Commissioner and the staff as mentioned in section 26A.

19A Privacy Commissioner

(1) There shall be a Privacy Commissioner, who shall be appointed by the Governor-General.

(2) A person is not qualified to be appointed as the Privacy Commissioner unless the Governor-General is satisfied that the person has appropriate qualifications, knowledge or experience.

20 Terms and conditions of appointment

(1) Subject to this section, the Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of the person's appointment, but is eligible for re-appointment.

(2) A person who has reached 65 years shall not be appointed as the Commissioner, and a person shall not be appointed as the Commissioner for a period extending beyond the day on which the person will reach 65 years.

(3) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

21 Remuneration of Commissioner

(1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Commissioner shall be paid such remuneration as is prescribed.

(2) The Commissioner shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

22 Leave of absence

(1) The Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

23 Outside employment

Except with the approval of the Minister, the Commissioner shall not engage in paid employment outside the duties of the office of Commissioner.

24 Resignation

The Commissioner may resign from the office of Commissioner by delivering to the Governor-General a signed notice of resignation.

25 Termination of appointment

(1) The Governor-General may terminate the appointment of the Commissioner by reason of misbehaviour or physical or mental incapacity.

(2) The Governor-General shall terminate the appointment of the Commissioner if the Commissioner:

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or

(c) contravenes section 23.

26 Acting Commissioner

The Minister may appoint a person to act as Commissioner:

(a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office of Commissioner;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

26A Staff and consultants

(1) The staff necessary to assist the Commissioner must be persons appointed or employed under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and

(b) the Commissioner is the Head of that Statutory Agency.

(3) The Commissioner may engage as consultants persons with suitable qualifications and experience. The terms and conditions on which a consultant is engaged are as determined by the Commissioner.

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