Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 48

  (1)   A recording is an OBR (or on - board recording ) for the purposes of this Act if:

  (a)   the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of a transport vehicle; and

  (b)   the recording was made in order to comply with a law in force in any country; and

  (c)   any part of the recording was made at the time of the occurrence of an immediately reportable matter that involved the transport vehicle; and

  (d)   at least one of the following applies:

  (i)   any part of the recording was made while the transport vehicle was on a constitutional journey, or was made incidentally to such a journey;

  (ii)   the recording was made in order to comply with a law of the Commonwealth;

  (iii)   at the time when the recording was made, the transport vehicle was owned or operated by a constitutional corporation or Commonwealth entity;

  (iv)   the immediately reportable matter occurred when the transport vehicle was on a route ordinarily used by transport vehicles on constitutional journeys;

  (v)   the immediately reportable matter also involved another transport vehicle that was on a constitutional journey, or was owned or operated by a constitutional corporation or Commonwealth entity.

  (2)   A recording is also an OBR (or on - board recording ) for the purposes of this Act if:

  (a)   the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of a transport vehicle; and

  (b)   the recording was made in order to comply with a law in force in any country; and

  (c)   any part of the recording was made at the time of the occurrence of an immediately reportable matter that involved the transport vehicle.

  (3)   An OBR (or on - board recording ) does not include a recording that is of a kind declared by the regulations not to be an OBR for the purposes of this Act.

  (4)   In this section:

"constitutional journey" means:

  (a)   a journey in the course of trade or commerce with other countries or among the States; or

  (b)   a journey within a Territory, or to or from a Territory; or

  (c)   a journey within a Commonwealth place, or to or from a Commonwealth place.