TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 48 Definition of OBR or on-board recording

Commonwealth Numbered Acts

Definition of OBR or on-board recording

(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.

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