(1) The Director of Audit shall be appointed by the Governor General acting in accordance with the advice of the Public Service Commission.
(2) If the office of Director of Audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director.
(3) Before tendering advice for the purposes of subsection (1) or (2), the Public Service Commission shall consult the Prime Minister.
(4) A person appointed to act in the office of Director of Audit shall, subject to the provisions of subsections (5), (7), (8) and (9), cease so to act—
(a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he or she is acting resumes the functions of that office; or
(b) at such earlier time as may be prescribed by the terms of his or her appointment.
(5) Subject to the provisions of subsection (7) the Director of Audit shall vacate his or her office when he or she attains the prescribed age.
(6) A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(7) The Director of Audit shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister or the chairperson of the Public Service Commission represents to the Governor General that the question of removing the Director of Audit under this section ought to be investigated—
(a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the Director ought to be removed under this section.
(9) If the question of removing the Director of Audit has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Public Service Commission, may suspend the Director from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that the Director should not be removed.
(10) The prescribed age for the purposes of subsection (5) is the age of 55 or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Audit, shall not have effect in relation to that person unless he or she consents that it should have effect.