Originally Posted by
Geoff Fairless
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.
The Airspace Act 2007 and Airspace Regulations 2007 make no reference to OAR, they simply state "CASA". While those are the OARs primary working legislation, they and others in CASA work with all the other legislation relevant to CASA as well.
CAR 1988 is still in force (the last amendment was last year) and covers many things not yet covered in other legislation.
My experience over the years has been many CASA employees don't know or understand their own legislation.