T&C note will be a phrase along the lines of..."I have checked my itinerary and agree all is fine"...
Should there not also be a clause along the lines of 'I understand that the US now requires visa waiver pre-clearance, and I understand it is my responsibility to arrange this before I depart, and that if any of the following apply (I'm a crimbo / journo / commie / infected with lurgi / Al Qaeda United fan), I will make a separate application to the US Embassy - even if I am just transitting through the USA on the way somewhere else' - and that should have been clear as the Philadelphia Bell, whatever booking method. Aussies don't have a problem with convicts coming in, they are already full of them