Oz,
Problem is, as far as can be determined so far, EX 38/2004 has been extinguished, it is no longer published on the Commonwealth Register of LIs. Although 38/2004 was not published with an expiry date, it seems to no longer legally exist, and, of course, the AOCM is only an advisory document.
Maybe 38/2004 was not exempt from the automatic sunset clauses of the Legislative Instrument Act 2003, although I can't see immediately why that would be.
We think this is what at least two CASA regional offices have realized, hence their newfound interest in going after private owners (operators) for non-compliance with CAR 232, which regulation is specifically mentioned in the newest Ramp Check checklist.
Ain't aviation in Australia wonderful??? So simple and straightforward, we are inundated with new people wanting to commit fun filled and fascinating flying.
Tootle pip!!