Having a POD and a FMIC is NOT a defectable offense!! It is an EPA issue, all the police really should do is EPA you for having both. As long as your POD is well secured, they should not be able to defect you. In fact if you come to my workshop with both your POD and FMIC, providing the POD is properly secured it will not get picked on.. AND as long as your intercooler has been mounted without and modifications to the cars structure, as in cutting structural parts to fit cooler piping etc
It just might be worth trying to get in contact with the people who are in charge of or handle the RWC side in VICRoads. I only know this because my bosses have attended roadworthy workshop meetings and have spoke to people higher up in VICRoads, and they have all said if the police have a problem with it then contact them!!
But then again getting EPA'd sucks! But if the police cant find 3 defects you dont need to present VICRoads with a RWC!