KONSTANTIN
No opinions, no hearsay, no end-state policy preferred positions - doc reference(s) thanks.
Although in parts AIP may say to the contrary, radio and/or transponder is
not mandatory in Class E for all aircraft. Some sports aviation types including gliders have been exempt for many years, and operate in Class E.
Some references (my bolding & italics, and some paras not relevant have been deleted):
AIP GEN 6.1.2
All aircraft,
except aircraft operating to the VFR which are not fitted with an engine driven electrical system capable of continuously powering a transponder, must be fitted with a serviceable Mode A and Mode C, or Mode S, SSR transponder when operating in Class E airspace.
AIP ENR 20.1.11
Gliders are encouraged,
but not required, to monitor the Area VHF when operating above 5,000FT in Classes E and G airspace.
Civil Aviation Order 95.8 (as amended)
Section 95.8 (Exemption from provisions of the Civil Aviation Regulations 1988 — hang gliders)
3 Exemptions
3.1 A person
is exempt from compliance with the following provisions of the Regulations while he or she is associated with the flying of a hang glider if he or she complies with the conditions set out in subsection 4:
(b) subregulation 83 (1), (2) and (3) in respect of VHF equipment;
[use and operation of aeronautical VHF radio]
4 Conditions
4.7 Except with the written permission of CASA, and in accordance with any conditions set out in the permission to minimise hazard to other aircraft or to persons or property on the ground or water, a person must not fly a hang glider:
(e) except in:
(i) Class G airspace; or
(ii) Class E airspace in V.M.C.;
CIVIL AVIATION ORDERS PART 95
SECTION 95.4
EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 —
GLIDERS, POWERED SAILPLANES AND POWER-ASSISTED SAILPLANES
3 EXEMPTIONS
Under regulation 308 of the Civil Aviation Regulations 1988 CASA exempts aircraft to which this section applies from compliance with the following provisions:
(d) subregulations 83 (1), (2) and (3) in respect of VHF equipment;
[use and operation of aeronautical VHF radio]
Talk to any glider pilot and they will tell you they use aero VHF to talk to each other and their base, but not normally ATC even in Class E. And you'd be lucky to find a hang glider pilot who has aero VHF. At best it's UHF CB, and of course none are transponder equipped.
And these and other sports types operate up to 10,000 or so in G & E. That is well known by CASA, and they have got around the issue in some cases (e.g. Avalon) by declaring a Broadcast Area or temporary restricted area and specifying the conditions of access e.g. that aircraft intending to fly in the area must have a working transponder and communicate with ATC.
As Leady said, most should & shall type things in AIP have a head of power somewhere in CAR/CAO etc. CASA have the power to grant exemptions and also specify additional requirements. I haven't located the HoP behind AIP GEN 6.1.2 but there's one somewhere. That particular one applies to many light sport aviation types.