Dick, are you in a position to post up their entire reply? This seems like a cherry picked quote from their letter that leaves out possible reasoning behind it. I'm not saying that I can think of any particular reason why they would but I'm also very much not a fan of cherry picking to prove a point when they may have had very valid reasons that we haven't considered yet.
One thing to consider is that this Paragraph is great and would be a good step forward but for example the way a paragraph like this interacts with the entire legislation is extremely important. If I remember correctly one issue that was brought up when this was first discussed here was that there was another paragraph involving safety that effectively allowed CASA to override this one on the grounds of "Safety" which meant they were in a position to just keep doing what they've already been doing. This is just an example not directly related to the AFAP reply but the possible reasons for the line you've quoted.