Folks,
I think we have established that EX 38/2004 is still current, but, curiously, you will not find it going the ComLaw via the CASA web site that ostensibly has links to all such matters.
However, this still leaves the matter of the "footnote" on the bottom of 38/2004, which almost negates the rest of the exemption, especially if you are an FOI with evil intent.
So, what I don't know is whether some smarty in CASA thought the 38/2004 was extinguished, or whether they thought they were going to hang their hat on the "footnote".
Either way, there has been enough on the subject of CAR 232, including direct representation to CASA to ensure the "top floor" is aware, and to hope that there will be no interference with Ausfly.
I certainly hope so, after what was done to Natfly.
Tootle pip!!
PS: This is yet another prime example of how difficult it is to know what "the aviation law" actually is, in Australia.
Recently, an AOC application was knocked back by CASA. As part of the preparation, the "applicant" went back through five (5) years of AsA HO NOTAMS. It transpired that the knock-back was because there were HO NOTAMS even older, "the applicant" was "deemed" to not have complied with CASA AOC application conditions.