I've already said that I didn't believe Ferrari's floor was illegal (others here disagree), but the FIA clarification made it so, and all the teams were required to make changes. Therefore, had no clarification been sought, or given, would the floor have been illegal? RD's view is yes it would, and given the FIA's clarification it's hard to disagree. Ferrari's floor was designed to exploit a loophole/omission in the rules and without the clarification it is reasonable to assume it would continue to have been used.
RD doesn't say McLaren needed to be told about the about the rear wing separator by Stepney. He does say both that and the floor "could be and were seen on the Ferrari car prior to the Australian Grand Prix".-ArrowsFA1
"Given the FIA's clarification it's hard to disagree" ?
It is for that very reason that one must , as you have stated you do , agree with the FIA and Ferrari(and others) that it was not illegal in Melbourne .
And , of course it would be used if it was legal . As soon as it was clarified they dutifully removed the now offending parts .
If Ron is saying that they were seen prior to the Oz race , then he might have mentioned it then , instead of throwing doubt on Ferrari during the season .
This rather flies in the face of not wanting to bring the championship into disrepute during the season rhetoric with which he is coming up .