If the recording or part of the recording on the CVR has been the subject of a Notice under s 49, the recording or the part of the recording the subject of the Notice is not treated as an OBR from the date specified in the Notice.
I can find only one s 49 Notice on the ATSB website. It does not relate to an aviation investigation.
I suspect the ATSB’s (Orwellian) reasoning will be that although the ATSB didn’t think it was worth retrieving the CVR from NGA, the ATSB is not satisfied the recording is not relevant to the investigation of the ditching. Therefore, it must remain an OBR subject to the TSI Act forever ….
But lots of people seems to be labouring under the misconception that because the CVR contains an OBR, no one (other than the ATSB) is allowed to touch or remove the CVR or listen to what’s on it in any circumstances.
The offences in the TSI Act are for
adversely affecting an investigation (s 24) and for
copying OBR information or
disclosing OBR information (s 53). (There are also exceptions.)
If a person retrieves the CVR from the hull (with the owner’s permission – I’m guessing that may be the insurance company) and listens to what’s on it, and then puts it back without damaging the OBR, what rule has the person broken? If the person doesn’t copy what’s on it, or disclose to anyone what the person heard, the person hasn’t breached s 53. The person hasn’t adversely affected the ATSB’s investigation, even if the ATSB wanted to pretend it’s keen to know what’s in the OBR. Indeed, if the ATSB wanted to pretend it’s keen to know what’s in the OBR, the person could
help the investigation by delivering the CVR to an independent body – surely the ATSB would have no hesitation in authorising an independent body to have access to the OBR, under s 52, so as to confirm what a great report the ATSB produced.
If the person puts the CVR back in the hull, Sunfish could then dive down and remove it from the hull (with the owner’s permission) listen to what’s on it, and then put it back without copying or damaging the OBR, and without disclosing what he heard. Then Sarcs goes for a swim ….
Eventually, lots of people would be able to wink knowingly at each other …
