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An aviation researcher, writer, aviation participant, pilot & agricultural researcher. Author of over 35 scientific publications world wide.

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Show Cause Notices

Boyd Munro writes some very important directions as to this matter and can be read in full on:

http://airsafety.com.au/9217aopa.htm

In part the reg that applies is:

Civil Aviation Regulation 269 – the legal basis of this coercion

(1) Subject to this regulation, CASA may, by notice in writing served on the holder of a license or certificate or an authority, vary, suspend, or cancel the license, certificate or authority where CASA is satisfied that one or more of the following grounds exists, namely:

(a) that the holder of the license, certificate or authority has contravened a provision of the Act or these regulations …

(3) Before taking action under this regulation … CASA shall …

(b) allow the holder of the license, certificate or authority to show cause … why the license … should not be cancelled, varied or suspended.”

Boyd says: “This provision is an outrage. It ousts the jurisdiction of the Courts. If CASA is satisfied that someone has contravened the law, the proper course of action is for CASA to see that the person is prosecuted in a Court and, if found guilty, punished by the Court. But CAR 269 allows CASA to act as prosecutor, jury, and judge.

We as pilots should never have allowed Regulation 269 to become law. But having done so, we should have it repealed. And while it remains on foot, we should not allow ourselves as individuals to be trapped by it.”