Folks,
CASA FOIs have a lot to answer for on this one, where scan flow doesn't get a look in, and short AFM vital actions checklists become extensive procedures lists and, in two pilot operations, they become challenge and reply procedures.
Apparently, CASA regard the power give a direction as absolute, and overriding CAR 138, which requires observance of the AFM. This CASA proposition has a very serious legal hole.
It is an interesting legal trail, but under Australian law, not just aviation law, as the AFM forms part of the certification of the aeroplane, and the AFM is part of the certification, failure to comply with a condition of the certification, ie; the AFM, invalidates the C.of A.
In short, CASA is still acting as if the pre-1998 were still in place.
Tootle pip!!