The Radcom Act is the law which governs Radiocommunications in Australia.
You won't find any loopholes in the law with regards to CB and commercial use as it is licenced for everybody to use.
The commercial operators treat a channel as if it is theirs and the Cbers treat the whole band as if it is theres. I don't see a difference in attitude.
Some small operators just can't afford the huge licence and support fees charged for a private channel.
I can go on and put cases for both sides, I'm pretty neutral on the subject.
But if you want to sink to lower depths, then you might care to ask some questions in private about tactics which of couse leeds on to how much money you're prepared to spend on using those tactics to achieve a definable result.