48Definition of OBR or on‑board recording

#### 48 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.