I stand by my statement.
CASA OAR does not operate under the 1988 CAR, they were created as a stand-alone office within CASA and are governed entirely by the ICAO-compliant Airspace Act and Regulations. Section 11A of the CAR 1988 does, however, require the rest of CASA to operate in accordance with the above act and regulations or advise the Minister why they are not so doing.
Those laws do not include resorting to ancient CARs such as 99A, or Part 139 - CA/GRS or the Airspace legislation would say so.
Once again we see CASA, including OAR, not understanding their own legislation, or if they do, being too clever by half in their continued endeavours to re-create the "OCTA" of the pre-TAAATS era.
As many have written, in many different threads, they are a law to themselves.