I am aware of that change, I was under the impression it applied to RPT AOC holders who substituted flights with Charter AOC holders.
I still maintain that if I charter an aircraft, I can decide who travels on it and how much they pay! Is a mining charter RPT? No it is still charter, yet they leave at the same time everyday, operate from fixed terminals and in some cases you are able to buy a seat on the flight through the chartering company (ie: open to the general public), the only thing is, you normally won't be let on one of these flights unless you have business at the mine!
Furthermore I have read the link and the wording used in it, to be very 'loose' to me. Perhaps the fact that they are operating, not from a 'fixed terminal', from a legal stand point may even be an out!
PS: I am still not convinced that CASA has any jurisdiction to act in the case suggested.