40ROCategory 2 conduct

#### 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.