Part 91 also includes the following now, which would seem to suggest there is no blanket protection for a PIC from prosecution should you breach a regulation during an emergency.
“Pilot in command to report contraventions relating to emergencies (91.690)
If an emergency occurs and the flying pilot has acted in contravention of a regulation, the pilot or the operator must notify CASA in writing of the contravention, and the circumstances, within 2 business days after the day of the emergency.
The pilot in command is not excused from giving notice by claiming that giving the notice or information might tend to incriminate or expose them to a penalty.
The information in the notice, or any document or thing provided, directly or indirectly, is not admissible in evidence in criminal proceedings.
However, providing false or misleading information or documents is an offence under the Criminal Code (see sections 136.1; 137.1; 137.2)”