As the other poster said there are many threads on this, but you have specific questions.
Someone in your situation could approach the ATO for a private ruling. That involves presenting the facts of your circumstances and asking what they think. If they agree then you'll be treated as such probably until something changes. The process is a little daunting but quite easy once you try it. If an accountant balks at it I'd say do it yourself and find a more supportive one.
There are very likely some key things which add weight to a trader argument so if someone was taking that route they should take note of the ATO website.
