CAR 233 Responsibility of the pilot in command before flight
(1) The pilot in command of a flight must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that:
...
(d) the fuel supplies are sufficient for a particular flight; ...
CAR 234 Fuel Requirements
(1) THe pilot in command of an aircraft must not commence a flight within Australian territory, or to or from Australian territory, if he or she has not taken reasonable steps to ensure that the aircraft carries sufficient fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: 50 penalty units
(2) An operator of an aircraft (..subatantially same as para 1)
(3) For the purposes of these regulations, for determining whether fuel and oil carried on an aircraft ...was sufficient, a court must tke into account the following matters:
(horribly abbreviated
(a) the distance
(b) the weather
(c) the possibility of forced diversion to an alternate, delays in landing clearance, ATC re-routing, DP, and OEI; and
(d) any guidelines issued from time to time by CASA for the purposes of this regulation.
(4) An offence against (1) or (2) is an offence of strict liability
CAR 269 Variation, suspension or cancellation of licence, certificate or authority
(1)...CASA may...vary, suspend or cancel the licence...where CASA is satisfied that one or more of the following grounds exist, namely:
(c) that the holder of the licence, certificate or authority has failed in his or her duty with respect to
any matter affecting the safe navigation navigation or operation of an aircraft; or
(d) ...(etc)
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If you run out of fuel, you weren't carrying legal fuel. End of story.
The operation's fuel requirements weren't subject to CAO 82.x and yes maybe CASA has realised that is a loophole. HOWEVER, nobody has their licence cancelled, supended or revoked for breaching a CAO but for breaching a Reg or the Act.
As a group of professionals we (GA pilots) cut ourselves and our mates too much slack. Our expectations of our own conduct, and that of our peers, is too low.
I have a lot of sympathy for Mr James on a personal* level. However, there is no denying that the planning for, and conduct of Mr James' last flight was below the standard for a professional pilot, regardless of when some subordinate piece of delegated legislation might say.
*Many years ago now my flying career spent several years in the wilderness following an act of purest stupidity. I deserved it. I had to go back to square 1 and re-prove myself to my peers, my mates, CASA, my family and myself. Character building, but unpleasant. One star.