Dick, I think I have pointed out a couple of times what I believe, broadly, is the error of your interpretation of s9A. The argument you are making is one with a foundation in the correct interpretation of the Act. Might I suggest that rather than bouncing ideas off PPRUNE readers, many of whome have a good practical appreciation of affordable safety and risk management, that you speak to someone who is a specialist in statutory interpretation. That is a barrister, preferably one who works in this area of the law. I am sure that with your background and resources that would not be difficult to do.
Regards,
TM