Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.