LB:
Here’s what’s going to happen, Squawk:
1. IFR pilots submit numerous reports to ATSB about VFR pilots cruising at IFR levels (and maybe in the transition layer).
2. ATSB passes on aircraft callsign and day/time information to CASA.
3. CASA does a little bit of digging and issues a notice to you, under CAR 1988 301, requiring you to surrender your pilot logbook. CASA uses these to work out you were the PIC of the aircraft the subject of the reports.
4. CASA gives you notice, under CAR 1988 299, requiring you to undergo a test of your knowledge of flight rules and procedures.
(4(a). Depending on the seriousness of CASA’s concerns, CASA might suspend your licence, under CAR 1988 265, until you have successfully completed the test at #4.)
I’d urge you to entertain the possibility - even the remote possibility - that CAR 1988 173 means what it says and that CASA interprets it to mean what it says.
So to avoid punitive action by CASA, our VFR pilot files no flight plan, switches off the transponder, makes no radio calls and does their best to remain invisible, what a recipe for safe flight. I've encountered an RV pilot who virtually confessed to doing 'a bit of IFR" despite not being IFR rated, to get from A to B sometimes. He was relying on his whizz bang electronics and autopilot.