That is where we have the contradiction, it would be interesting to have a legal view.
Regulations also state no bag can weigh over 32kgs so having weight in a bag in excess of 23kgs is allowable . If I have a TOTAL allowance of 64 kgs I have not exceeded my allowance so would a legal opinion be that extra charges are applicable? As it happened this time the check in agent did not charge me but I could see this being a contentious issue.
I will have less weight returning so the question should not arise.