11Meaning of misconduct

11 Meaning of misconduct (1) Conduct is misconduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body: (a) that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is: (i) a fine; or (ii) imprisonment for a term of less than 2 years, with or without a fine; and

Independent Commissioner Against Corruption Act 2017 14 (b) that is connected to public affairs. Note for subsection (1)(b) See section 4, definition connected to public affairs. (2) Conduct is also misconduct if it is conduct engaged in by a public officer other than a judicial officer (whether or not the identity of the public officer is known): (a) that constitutes reasonable grounds for taking disciplinary action against the officer (short of dismissal or termination of appointment) or varying the terms of the officer's appointment; and (c) that is conduct mentioned in section 10(2)(c). (3) Conduct is also misconduct if it is conduct engaged in by a judicial officer, the Director of Public Prosecutions, a public body, a minister, an MLA or a local councillor: (a) that is connected to public affairs; and (b) that involves: (i) for a judicial officer or the Director of Public Prosecutions – a breach of public trust; or (ii) for a public body, minister, MLA or councillor – a breach of public trust not amounting to a serious breach of public trust.