Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40rh
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40RH
Character Range: 132406–133759

40RH  AFP conduct issues
 (1) For the purposes of this Act, an AFP conduct issue is an issue of whether an AFP appointee has:
 (a) engaged in conduct that contravenes the AFP professional standards; or
 (b) engaged in corrupt conduct.
 (2) Subsection (1) applies even if:
 (a) the AFP appointee who engaged in the conduct has ceased to be an AFP appointee; or
 (b) the conduct:
 (i) was engaged in while the AFP appointee was not on duty; or
 (ii) is conduct of a private character; or
 (iii) was engaged in before the AFP appointee became an AFP appointee; or
 (c) the conduct that was engaged in by the AFP appointee also involves or implicates someone who is not an AFP appointee; or
 (d) the period for bringing a prosecution for an offence, or other proceedings, in relation to the conduct has ended; or
 (e) the conduct was engaged in before the commencement of this section.
 (3) Subsection (1) applies whether the conduct was engaged in within, or outside, Australia.
 (4) To avoid doubt, information may raise an AFP conduct issue even if the identity of the AFP appointee who engaged in the conduct is unknown, is uncertain or is not disclosed in the information.
 (5) This section has effect subject to section 40RJ.
 (6) A reference in this section to engaging in conduct includes a reference to failing, or refusing, to engage in conduct.