Statute Details
- Title: Requisition of Resources (Inspection of Vehicles, Vessels and Aircraft) Regulations 2007
- Act Code: RRA1985-S222-2007
- Type: Subsidiary legislation (SL)
- Authorising Act: Requisition of Resources Act (Chapter 273)
- Enacting authority: Minister for Defence
- Commencement: 28 May 2007
- Legislative status: Current version as at 27 Mar 2026 (per provided extract)
- Regulation number: SL 222/2007
- Key provisions: Regulation 1 (Citation and commencement); Regulation 2 (Inspection and examination); Regulation 3 (Payment of expenses)
What Is This Legislation About?
The Requisition of Resources (Inspection of Vehicles, Vessels and Aircraft) Regulations 2007 (“the Regulations”) provide a legal framework for the inspection and examination of privately or otherwise held vehicles, vessels, and aircraft when the Government needs to ascertain their specifications and fitness for use. In practical terms, the Regulations empower a “competent authority” or an “authorised officer” to require a person in possession of relevant equipment to allow inspection, provide information, and facilitate access.
Although the Regulations sit under the broader Requisition of Resources Act, their immediate focus is narrower: they regulate the mechanics of inspection rather than the taking or requisitioning of resources themselves. This matters for practitioners because inspection powers can be intrusive—requiring access to premises, production of records and documents, and assistance—yet they are time-bound and limited to what is necessary for the stated purpose.
The Regulations also address cost allocation. If a person incurs reasonable expenses in complying with an inspection notice, they may claim those expenses from the competent authority or authorised officer who issued the notice. This creates a structured pathway for reimbursement and reduces the risk that compliance becomes an uncompensated burden.
What Are the Key Provisions?
Regulation 1: Citation and commencement. This is a standard commencement provision. It confirms that the Regulations may be cited as the Requisition of Resources (Inspection of Vehicles, Vessels and Aircraft) Regulations 2007 and that they came into operation on 28 May 2007. For legal practitioners, this establishes the effective date for assessing whether an inspection notice issued by the Government is valid under the Regulations.
Regulation 2: Inspection and examination of vehicles, etc. Regulation 2 is the core operative provision. Under regulation 2(1), a competent authority or authorised officer may give notice to “any person having in his possession any vehicle, vessel or aircraft” requiring that person to permit inspection and examination “as may be specified in the notice.” This indicates that the notice is the instrument that triggers the obligation, and its content will be central in any dispute about scope and compliance.
Regulation 2(2) sets out the specific duties imposed on the recipient of the notice. First, the person must give “full and free access” during reasonable hours to the vehicle, vessel or aircraft, or to any premises where it is situated, for the purpose of inspection and examination. This is an access-and-entry obligation that can implicate practical issues such as security protocols, safety requirements, and operational downtime. The phrase “reasonable hours” is a built-in limitation, and it is likely to be relevant if the inspection is scheduled at times that are operationally or commercially unreasonable.
Second, the recipient must provide records, certificates, documents, or information relating to the vehicle, vessel or aircraft that the competent authority or authorised officer requests for inspection purposes, provided that such materials are “in the person’s possession or to which the person has access.” This is a production obligation that extends beyond physical access to include documentary disclosure. The limitation to materials “relating to” the vehicle/vessel/aircraft and requested “for the purpose of the inspection and examination” is important: it frames the request as purpose-driven, not open-ended.
Third, the recipient must allow the competent authority or authorised officer to make copies of, or take extracts from, the requested records and documents. This is a significant practical point for counsel advising clients with sensitive or proprietary information. While the Regulations do not expressly address confidentiality, the power to copy and extract means that clients should consider what documents are requested, whether redactions are possible, and how information will be handled by the inspecting authority.
Fourth, the recipient must provide “such other reasonable facilities and assistance” for the effective discharge of inspection and examination powers. This is a broad but qualified duty. “Reasonable” operates as a constraint and provides a basis for negotiating the extent of assistance required (for example, whether staff time, specialised equipment, or operational support is necessary).
Regulation 2(3) imposes temporal and necessity limits on the inspection itself. Inspections must be carried out during reasonable hours, within a reasonable time after the notice, and “shall not be longer than necessary” for ascertaining the specifications and fitness for use. This is a key safeguard: it prevents inspections from becoming de facto prolonged audits. If an inspection extends beyond what is necessary, the recipient may have grounds to challenge the conduct as exceeding the Regulations’ purpose.
Regulation 3: Payment of expenses. Regulation 3 provides a reimbursement mechanism. Under regulation 3(1), the person who receives the notice may claim from the competent authority or authorised officer who gave the notice the expenses, if any, “reasonably incurred” in complying with regulation 2(2). This is not automatic compensation; it is contingent on (i) expenses being incurred, and (ii) those expenses being “reasonably” incurred.
Regulation 3(2) requires that a claim contain all particulars of the expenses and be supported by documentary proof or otherwise that the expenses have been incurred. For practitioners, this means that clients should keep contemporaneous records—receipts, invoices, timesheets, and evidence of payment—so that a claim can be substantiated. The provision also implies that claims lacking adequate particulars or proof may be rejected or delayed.
How Is This Legislation Structured?
The Regulations are concise and structured around three provisions:
Regulation 1 sets out the citation and commencement date.
Regulation 2 establishes the inspection and examination power, the procedural obligations of the notice recipient (access, document/information production, copying/extracting, and reasonable assistance), and the limits on timing and duration (reasonable hours, reasonable time after notice, and “not longer than necessary”).
Regulation 3 provides for reimbursement of reasonable compliance expenses and prescribes the content and evidentiary support required for a claim.
Who Does This Legislation Apply To?
The Regulations apply to “any person having in his possession any vehicle, vessel or aircraft” that is subject to an inspection notice. This is a possession-based trigger rather than a registration-based or ownership-based trigger. Accordingly, the obligation may fall on operators, custodians, lessors, maintenance contractors, or other parties who have actual possession or control of the relevant equipment at the time the notice is served.
In practice, this can be relevant where equipment is leased, chartered, or held under contractual arrangements. Counsel should assess who has possession and practical control, because the notice is directed to the person “having in his possession” the vehicle/vessel/aircraft. The Regulations also apply to premises where the equipment is situated, since the recipient must provide access to those premises for inspection purposes.
Why Is This Legislation Important?
These Regulations are important because they operationalise Government inspection powers in a way that balances state needs with compliance constraints. For national security and defence readiness, the Government may need to verify technical specifications and fitness for use of vehicles, vessels, and aircraft. The Regulations provide a lawful mechanism to compel cooperation—access, information, and assistance—without requiring voluntary disclosure.
At the same time, the Regulations include meaningful limitations that practitioners should leverage when advising clients. The inspection must occur during reasonable hours and within a reasonable time after notice, and it must not last longer than necessary for the stated purpose. These constraints can be used to resist overly broad or prolonged inspections. Similarly, the duty to provide records and information is tethered to what is requested for inspection and examination purposes and to materials the recipient possesses or can access.
Finally, the reimbursement provision in regulation 3 is a practical safeguard. Compliance may require staff time, preparation of documentation, access arrangements, or other operational costs. By allowing claims for “reasonably incurred” expenses with documentary support, the Regulations reduce the risk that compliance becomes economically punitive. For lawyers, the reimbursement process is also a compliance tool: it encourages structured documentation and can help resolve disputes about the cost consequences of inspection.
Related Legislation
- Requisition of Resources Act (Chapter 273) — the authorising Act, including the power in section 40(1) referenced in the enacting formula.
- Requisition of Resources Act “Timeline” (legislation timeline) — relevant for confirming the correct version and amendments history (as referenced in the provided extract).
Source Documents
This article provides an overview of the Requisition of Resources (Inspection of Vehicles, Vessels and Aircraft) Regulations 2007 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.