Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.