If, as Creampuff states (and I have nothing to contradict him on this) the Administrator (i.e. CASA) gets to determine the relevant facts of the case without any independent review process then once you're in the system, you are basically stuffed. (edit: I see Creampuff has qualified the situation, if not clarified it, whilst I was writing this).
The only way to avoid getting in the system are to metaphorically fly under the radar, or failing that, to keep sweet with the guys that might take you there. The latter has more than a whiff of potential for corruption...
Nothing about this is surprising in my view, since I consider the state to be nothing more than a protection racket with a public relations department. Those that work in the various government departments know they are being paid with the proceeds of protection money and they aren't about to give up their little cushy number easily. When you get a chance to see through the cracks in the veneer of democratic legitimacy, it shouldn't be a surprise to anyone to see a few victims being bent over and reamed by the 'enforcers'.
Oh, and kaz3g, save your money and resist the temptation to take your legal arguments to court. You will only make the laywers rich and achieve little for humanity despite your best endeavours and intentions.
edit to add: I think a test of whether a licence is property or not would be whether it is transferable in some way, or not. In the case of a FCL, I'd say it was definitely not transferable and therefore not property. A water licence or a commercial fishing licence might be examples of a licences that are transferable and therefore could be considered property.
Last edited by Andy_RR; 8th May 2012 at 10:50.