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acquisition of property has the same meaning as in paragraph 51 (xxxi)
of the Constitution.
just terms has the same meaning as in paragraph 51 (xxxi) of the
Constitution.
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Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
PART IIIB—PROTECTION OF CVR
(COCKPIT VOICE RECORDING) INFORMATION
32AN Definitions
In this Part:
Australian court means a federal court or a court of a State or Territory.
civil proceedings means any proceedings before an Australian court, other than
criminal proceedings.
Commonwealth entity means:
(a) the Commonwealth; or
(b) an authority of the Commonwealth; or
(c) a corporation in which the Commonwealth, or an authority of the
Commonwealth, has a controlling interest.
Commonwealth place means a place referred to in paragraph 52 (i) of the
Constitution, other than the seat of government.
constitutional corporation means:
(a) a corporation to which paragraph 51 (xx) of the Constitution applies;
or
(b) a body corporate that is incorporated in a Territory.
court includes any tribunal, authority, person or body that has power to require
the production of documents or answering of questions, but does not include a
Royal Commission, the Parliament or either House of the Parliament.
crew member, in relation to CVR information, means any person who had
operational duties on board the aircraft at any time during the recording period
of the CVR.
criminal proceedings means criminal proceedings before an Australian court.
CVR or cockpit voice recording has the meaning given by section 32AO.
CVR information means:
(a) a CVR or any part of a CVR; or
(b) a copy or transcript of the whole or any part of a CVR; or
(c) any information obtained from a CVR or any part of a CVR.
damages proceedings means civil proceedings for damages in respect of
personal injury, death or damage to property.
disclose:
(a) in relation to information, includes divulge or communicate the
information in any way; and
Civil Aviation Act 1988 69
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(b) in relation to information contained in a document or other article,
also includes produce the document or other article, or make it
available, for inspection.
operational duties means duties or functions in connection with the operation
or safety of the aircraft.
Royal Commission means a Commission that has been commissioned by the
Governor-General to conduct an inquiry, and includes any member of such a
Commission.
32AO Definition of CVR or cockpit voice recording
(1) A recording is a CVR (or cockpit voice recording) for the purposes of
this Part if:
(a) the recording consists of (or consists mainly of) sounds or images, or
sounds and images, of persons on the flight deck of an aircraft; and
(b) the recording was made in order to comply with a law of the
Commonwealth; and
(c) either of the following applies:
(i) any part of the recording was made while the aircraft was on a
constitutional journey, or was made incidentally to such a
journey;
(ii) at the time when the recording was made, the aircraft was
owned or operated by a constitutional corporation or
Commonwealth entity; and
(d) the recording is not an on-board recording for the purposes of the
Transport Safety Investigation Act 2003.
(2) 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.
32AP Copying or disclosing CVR information
(1) A person is guilty of an offence if:
(a) the person makes a copy of information; and
(b) the information is CVR information.
Penalty: Imprisonment for 2 years.
(2) A person is guilty of an offence if:
(a) the person discloses information to any person or to a court; and
(b) the information is CVR information.
Penalty: Imprisonment for 2 years.
(3) Subsection (1) or (2) does not apply to:
70 Civil Aviation Act 1988
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Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(a) copying or disclosure for the purposes of an investigation under the
Transport Safety Investigation Act 2003; or
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