Were that NOT the case then he would have been prosecuted by now and no doubt convicted.
Do you understand how referral for prosecution works in Australia? CASA and ATSB are not involved, other than CASA referring the proposed case to DPP for them (DPP) to take the case further if they (DPP) consider it (the Case) has merit.
Maybe you could assist CASA by showing which particular transgression warrants prosecution by the DPP.