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 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).