If you run out of fuel, you weren't carrying legal fuel. End of story.
No that is not correct. There is one word used in all those CARS which kills your theory.
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:
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.
So if at the planning stage you have enough fuel to get to your destination legally then the flight is legal. If the BOM have stuffed up the forecast or you get some weird weather set in, that does not mean your flight is now illegal, it just means you have to find a solution....of which a ditching or precautionary landing is one option.
If this guys had his license pulled then I suggest he get a lawyer and take CASA to court.
There have been plenty of instances of commercial jet operations getting caught out in perth......does that mean those flights are illegal and all the captains should be suspended too??