NWSRG,
Basically, IŽd say: New deliveries come with the latest s/w standards/equipment available. But there are exceptions to this rule. Sadly...
Although I am not an expert, IŽd say the authorities are definitely involved in any change!
-<M4v3r1ck>-,
You are most probably refering to an Air Transat A330.
What AI (and Goodrich on the fuel side) have been offering is to generate a warning if the sum of fuel used and remaining fuel exceeds the initial fuel by ... hmm... 3.5t, I seem to remember. But bear in mind that this only works if everything else is fine on the aircraft (no major trouble in the fuel quantity indication system for example). You are right, that this involved new software standards (both, in the fuel system and the flight warning system). But these changes have not been mandated... (contrary to various FCOM changes)!
Cheers,
J.V.