Sorry chaps I don't have time to research this myself as it's a fairly arcane point but as to the arguments that ASA should be able to require, etc...
Could it not be the case that ASA is indeed innocent in that it is not ASA which delegates an activity (eg. airspace control in the case of NLK), but the Commonwealth? That is, ASA is simply a body which does what is delegated to it, but where an activity has been delegated (not by ASA) to another entity (including another State), then it is indeed not ASA's responsibility?
In that case, it would probably be the transport ministry which has the responsibility to seek and ensure compliance.
Discuss...