It' not supposition, it is fact. The statute was changed in mid-2000s precisely to address the situation I outlined above.
Australia and USA (the latter this year!!!) have both applied for, and been granted exemption from that section for Ibini and Zelalem in the very recent past.
We did not ask for such an exemption, as Martin himself has said.
Where, exactly, is there a supposition in there?
You, on the other hand, are using the 'it can't possibly be true, it's not common sense' approach. Good luck with that in front of any Judge, anywhere in the world.