Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40ro
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40RO
Character Range: 138424–139171

40RO  Category 2 conduct
 (1) 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; or
 (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.
 (2) The Commissioner and the Ombudsman must also be satisfied that the conduct does not warrant being treated as category 3 conduct for the purposes of this Act.