I know it's boring to refer to actual authoritive source documents, but here we go. In 2021, CASA published a document called '
Mapping of Civil Aviation Regulations to CASR Parts 91, 119 and 121 - Australian air transport operations - larger aeroplanes'. This document lists each of the old CARs and points to where equivalent provisions are located in the new CASRs. The document can be downloaded from here:
https://www.casa.gov.au/mapping-civi...ger-aeroplanes
I think this will answer OPs question.
As to the subsequent discussion on the legalities of the PICs command authority, the following should be noted. CAR 145 stated:
'Emergency authority. In conforming with the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts 12 and 13, the pilot in command of an aircraft shall pay due regard to all dangers of navigation and collision and to any special circumstances which may render a departure from those rules necessary in order to avoid immediate danger.'
However the mapping document referred to above states (wrt to CAR 145):
'This provision will be repealed and has not been replaced. Similar alleviations are achieved by rules prescribed elsewhere in Australian legislation (the Civil Aviation Act 1988 and the Criminal Code Act 1995).'
Hence there are NO equivalent provisions in the new CASRs to the previous CAR 145. As stated by CASA, we are now reliant on other Legislation for a defence if we are charged with an offence against the CASRs.
These are the relevant sections of the Acts:
Civil Aviation Act 1988
30 Weather etc. to be a defence(1) In any proceedings for an offence against this Act or the regulations, it is a defence if the act or omission charged is established to have been due to extreme weather conditions or other unavoidable cause.
(2) Any defence established under subsection (1) need only be established on the balance of probabilities.
Criminal Code Act 1995
10.3 Sudden or extraordinary emergency(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency.
(2) This section applies if and only if the person carrying out the conduct reasonably believes that:
(a) circumstances of sudden or extraordinary emergency exist; and
(b) committing the offence is the only reasonable way to deal with the emergency; and
(c) the conduct is a reasonable response to the emergency.