AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40RO Category 2 conduct

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40RO

  (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.