No different at all.
Well of course you are entitled to an opinion but I disagree.
When I was Chief Pilot of a charter operation I asked the FOI from CASA if I could advertise a particular service before the approval (for this particular operation) was received from head office. He said no. When I used your "subject to regulatory approval" line as seen occasionally. He said no that was not legal either but they did not have the time (or inclination) to fight the big operations but if I tried it we would be in a world of pain.
Secondly, when setting up a new operation maybe this is valid, from a CASA point of view. In this case the company has been caught out not complying (apparently).
Forget CASA compliance, I am talking about CONSUMER protection, Fair Trading ACCC etc. Selling tickets for a service where no reasonable expection could be made of the service being provided.
In my humble opinion there is a case to be made.