Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40rp
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40RP
Character Range: 24623–25275

40RP  Category 3 conduct

 (1) The Commissioner and the Ombudsman may determine under subsection 40RM(1) that conduct of a particular kind is to be category 3 conduct for the purposes of this Act only if they are satisfied that:
 (a) conduct of that kind:
 (i) is serious misconduct by an AFP appointee; or
 (ii) raises the question whether termination action should be taken in relation to an AFP appointee; or
 (iii) involves a breach of the criminal law, or serious neglect of duty, by an AFP appointee; and
 (b) conduct of that kind does not raise a corruption issue.

 (2) Subparagraphs (1)(a)(ii) and (iii) do not limit subparagraph (1)(a)(i).