Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40ro
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40RO
Character Range: 23926–24623

40RO  Category 2 conduct

  The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 2 conduct for the purposes of this Act only if they are satisfied that:
 (a) conduct of that kind is:
 (i) minor misconduct by an AFP appointee; or
 (ii) inappropriate conduct that reveals unsatisfactory behaviour by an AFP appointee; and
 (b) conduct of that kind:
 (i) would otherwise be category 1 conduct; and
 (ii) warrants, because of its repeated nature, being treated as category 2 conduct for the purposes of this Act; and
 (c) conduct of that kind does not warrant being treated as category 3 conduct for the purposes of this Act.