Further to the non-recovery of the blackbox, s
ection 49 of the TSI Act reads:
49 OBR ceasing to be an OBR under declaration of ATSB
(1) The ATSB may, by published notice, declare that a recording, or a
part of a recording, identified in the notice is not to be treated as an
OBR on and after a date specified in the notice.
(2) If the ATSB decides not to investigate the transport safety matter
to which an OBR relates, the ATSB must, by published notice, declare that the OBR is not to be treated as an OBR on and after a
date specified in the notice.
(3) If:
(a) the ATSB decides to investigate the transport safety matter to
which an OBR relates; and
(b) the ATSB is satisfied that any part of the OBR is not relevant
to the investigation; the ATSB must, by published notice, identify that part and declare that part is not to be treated as an OBR on and after a date specified
in the notice.
(4) The ATSB cannot revoke or vary a notice published under this
section.
(5) When an OBR, or part of an OBR, ceases to be an OBR because of
a notice published under this section, then any related OBR
information also ceases to be OBR information.
Q1/ Given Beaker’s decision to not recover the blackbox and that the Final Report has been published, have the ATSB effectively 49er’d any useful evidence contained on the OBR?
It would appear from the TSI that if the OBR has been 49er’d then even if the Pel-Air investigation was miraculously re-opened then two eyewitness statements would be regarded as inadmissible evidence. Which probably suits the likes of Fort Fumble and the operator but may not please the victims and the interested insurance companies. 
Q2/ However could this also mean that any interested party can now recover the OBR devices or is the wreckage still effectively quarantined by the ATSB?
Q3/ What would be the legal implications if the wreck and OBRs have been written off by the ATSB and someone, say an insurance company or two, salvaged the wreck/OBR devices i.e. could the OBR evidence then be used in any legal action?
The more that is revealed, or rather not revealed, of this sordid tale the more the pile of pony pooh grows, as flight nurse Karen Casey said: “CASA & ATSB have a lot to answer for, dragging this on for selfish intent is criminal & at the least cruel to all on board. The coverup is surfacing and all will be revealed about the incompetencies of all parties involved.” One can only hope she is right and to quote her again they… “Just stop the B.S & tell the truth.” 