I do apologise for not making my points clearly.
Yes: Breaches of regs are just that. And that’s naughty and it’s an offence. In both of the scenarios I provided earlier - APTA ‘Alliance’ ‘member’ instructor going ‘rogue’ and a ‘standard structure’ AOC holder’s instructor employee going ‘rogue’ - the instructors are breaching regulations. Yes: Both instructors are naughty and committing offences. I get it. But…
Both instructors are committing offences in the course of delivering flying training under APTA’s AOC and the ‘standard structure’ AOC holder’s AOC, respectively. The AOC holders are also being naughty in allowing that to happen.
I set out, above, some of the legal and effective steps that a ‘standard structure’ AOC holder can take to stop the rogue employee instructor continuing to offend in the course of flying training under the AOC, hopefully before CASA takes action against both the AOC holder and the instructor. Absent a legally binding agreement between APTA and the personnel of its ‘Alliance’ ‘members’, those steps are not available to APTA. If I haven’t made this fundamental distinction clear, I again apologise.