Originally Posted by Brian Abraham
What about if the business expanded to the point that the boss was no longer able to handle the flying required and employed a person to handle the flying side as his/her only task
Still a private operation, see CAR 2 (7)(d)(v) "the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft"
A friend of mine is a captain on a 744 business jet (not Australian registered) that is flown as a private operation. I also know of a couple of companies that use PA-31s to fly their staff around in Australia.
Originally Posted by aroa
Tertiary educated with overseas Photographic qualifications, actually..ie a Professional Photographer.
Your degree means absolutely nothing, it is not a CP(A)L and it is not an AOC. Anyone in Australia can call themselves a "professional photographer", it is a self proclaimed title.
For aerial photography the only relevant points are to get paid for taking aerial photos, the pilot needs to hold a CPL or higher, and the work is conducted under an AOC. The photographer does not need to hold any form of qualification, and the photographer does not need a pilots licence.
Originally Posted by aroa
Does that alter CASA's interpretation of commerce then ??
No idea, however for your case, a private operation for aerial photography exists if "no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted".
You admitted that you received money, you would have former clients with photographs and invoices. CASA has all the evidence it needs to demonstrate that you were not conducting private operations. You were performed operations not permitted by the licence category you held (PP(A)L), and were doing so without an AOC.
Originally Posted by aroa
Pvt helicopter pilot flies shipping pilot to ships and back, both the ships pilotage fees and helicopter times listed on Invoice. PVT operation.
I am aware of no such operation, and I find it very hard to believe. I have seen the contract requirements stipulated for transfer of pilots to ships at some Australian ports, a PP(H)L holder would not be acceptable by a long way.
Originally Posted by aroa
PPL LAME flies to YWOOP for maint. job, a/c time listed on the invoice and maintenance times itemised.
see CAR 2 (7)(d)(v)
Originally Posted by aroa
State Government Dept has several aircraft, flown by IFR CPLs, carry folk from a variety of Depts, who can book seats on, and the other Depts are invoiced for the carriage of those pax. No CP or AOC. PVT operation.
That would depend on the Government Department, and if the aircraft are considered state aircraft or Australian aircraft. Military, police, and customs are treated differently, that is standard internationally.