has to be seen to be absolutely consistent with the actions taken in the Pel Air case, otherwise ATSB and CASA become complete laughing stocks!
I think the Senate has shown that they already are. This is not the first occasion that RPT jets have been caught with insufficient fuel to go anywhere and have had to land below the minima. The difference in this case is they had to do it at an airport not equipped with an ILS.
Both apparently landed below minima, at least Dominic James didn't try that!
Which you are permitted to do in the event of an emergency (CAR 257).