I can't speak for the ACBL, but it seems to me that any time is an appropriate time to ask a question, provided that you're asking because you want to know the answer. It's legitimate to ask a question with no intention to bid at that point, simply because you want to follow the auction. If you know what the auction means you can start thinking about the opening lead, you can be ready to double a cue-bid, you can be prepared for some action that your partner may take, and you can make better inferences from the opponents' tempo and demeanour. It's unusual to ask about an unalerted bid. However, it is also unusual not to alert a spade bid that you think shows clubs. Perhaps South was aware of a tendency for this West to omit to alert when he should? Or perhaps South was just finding the auction confusing and wasn't sure what an unalerted 3♠ bid in this unusual system actually meant. If South was really asking in order to create a UI problem, I agree that this ought to be illegal, but I don't think it is.