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.
I still find it there; see on
https://www.comlaw.gov.au/Browse/Res...s/Current/Ca/0
The sunset clause would keep it in place until 2020.