CASA's explanation is that they have no power whatsoever to write exemptions against the directions given in the AIP. Therefor, no exemptions can be given for an ALA to nominate a frequency in contravention to the AIP instructions.
Aussie Bob,
Looks like CASA's internal training/indoctrination has gone to hell in a handbasket again.
If an AIP reference to an enabling regulation is involved, that AIP entry is, in simplistic terms, enforceable, but everything in the regulations can be subject to exemption by Legislative Instrument. Indeed, the same process has purportedly been used to create exemptions from provisions of the Act, a very "creative" legal process of, in my opinion, very doubtful legal provenance. But be clear, there is nothing restricting creation of LIs under the LI Act, nothing the least bit improper.
CASA has hundreds, maybe thousands of LIs in force at any one time.
The rest of the AIP is useful information, not holy writ --- but you would never know, the way some FOIs "enforce" the AIP. The bulk of the AIP is not L-A-W
Tootle pip!!