I was going to start a new thread on this, but similar ideas are here. Are we getting to the stage that air law in Australia has become so convoluted and involving legal roundabouts that there is no way for the average person to comprehend let alone comply with them? Therefore the whole legal framework is basically unusable now, with no simple explanations and workings of how each rule should be applied it's almost to the stage that anarchy can occur as no-one has any idea what the rules are talking about. The more I talk to others about part 121 alternate rules and now these carry overs from CARs that are worded like Dr Seuss books it seems no one has any consistent ideas of what the rules actually are. So if CASA actually tried to prosecute anyone using them it would become a travesty as you could just bring 10/100/1000 pilots in and ask each what their interpretation is and not one would agree.
It then becomes like the terms and conditions caveat, where if you write a document so long and convoluted that the average person has no chance of reading it let alone understanding it, it becomes invalid.
I say do what you want according to common sense, if you get accosted and charged for anything under CASRs just get the judge to read the entire document. Then ask them if an average human can understand it and what would happen if the average driver had to contend with such rules before getting in a car.