Statute Details
- Title: Requisition of Resources (No. 2) Order 2021
- Act Code: RRA1985-S164-2021
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Requisition of Resources Act (Chapter 273)
- Enacting Authority: Minister for Defence
- Date Made: 23 February 2021
- SL Citation: SL 164/2021
- Current Version Status: Current version as at 27 Mar 2026
- Key Provisions (from extract): Section 1 (Citation); Section 2 (Date of requisition / operationalisation of Part III)
What Is This Legislation About?
The Requisition of Resources (No. 2) Order 2021 is a short but legally significant instrument. In essence, it is an administrative “activation” order: it brings a specific part of the Requisition of Resources Act into operation on a specified date. The order is made under the Minister for Defence’s powers in section 2 of the Requisition of Resources Act (Chapter 273).
In plain language, the Requisition of Resources Act provides a legal framework that allows the State—particularly in times of national need—to requisition (i.e., take or secure) resources from persons or entities. Such resources may include goods, services, or other assets required for defence or other urgent national purposes. However, the Act’s powers are not necessarily operative at all times. The Act’s provisions may be staged or activated by subsidiary legislation.
This “No. 2” order indicates that it is the second such requisition-related order issued in 2021 (or at least the second order of this type). Its primary function is to specify when Part III of the Act comes into force and remains in operation. The extract shows that Part III is to operate from 23 March 2021.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision that identifies the instrument. It states that the document may be cited as the Requisition of Resources (No. 2) Order 2021. While this does not create substantive obligations by itself, it is important for legal referencing, pleading, and compliance documentation.
Section 2 (Date of requisition) is the operative provision in the extract. It provides that the provisions of Part III of the Act are to come into and remain in operation on 23 March 2021. This language does two things:
- Commencement: It sets a specific date on which Part III becomes legally effective.
- Continuing operation: It states that Part III is to “remain in operation” (i.e., not merely for a limited period), suggesting that the requisition regime under Part III is intended to be ongoing from that date until further legal change.
Practitioners should note that the extract does not reproduce the text of Part III itself. However, the legal effect of the order is clear: once Part III is in operation, the powers, procedures, and consequences contained in Part III become available to the relevant authorities under the Act. In practice, this means that persons and organisations potentially affected by requisition measures should treat the Act’s Part III mechanisms as active from 23 March 2021.
Enacting formula and authority also matter. The order is made “in exercise of the powers conferred by section 2 of the Requisition of Resources Act.” This indicates that section 2 of the Act likely empowers the Minister for Defence to determine when particular parts of the Act take effect. For legal analysis, this is relevant to validity: if the Minister acts within the statutory power, the commencement order is generally effective. If not, affected parties could potentially challenge the activation. Here, the order expressly cites the enabling provision.
Made on 23 February 2021 with Part III commencing on 23 March 2021 reflects a typical legislative/administrative timeline: the instrument is issued before the activation date, allowing time for government preparation and for affected parties to become aware of the impending legal regime.
How Is This Legislation Structured?
As a subsidiary legislation instrument, the order is structured in a minimal format. Based on the extract, it contains:
- Section 1: Citation (short title).
- Section 2: Date of requisition / commencement and continued operation of Part III of the Act.
There are no additional schedules or detailed procedural rules in the extract. Instead, the order functions as a “switch” that activates the substantive provisions located in Part III of the Requisition of Resources Act. Therefore, the practical legal work for a practitioner typically requires reading:
- the Requisition of Resources Act (Chapter 273), especially Part III; and
- this order, to confirm the commencement date and whether Part III is intended to remain operative.
Who Does This Legislation Apply To?
Although the order itself is brief, its effect is directed to the population and industries that may be subject to requisition under the Act’s Part III. In general terms, the Requisition of Resources framework is designed to apply to persons and entities that control or provide resources that the State may need for defence or other national purposes.
Accordingly, the order is relevant to a wide range of stakeholders, including (depending on what Part III covers): suppliers of goods, providers of services, operators of critical assets, and any party that could be required to comply with requisition directions once Part III is in force. Even if a particular entity is not immediately targeted, the activation of Part III means that compliance planning, contractual review, and risk assessment should be considered from 23 March 2021 onward.
Why Is This Legislation Important?
This order is important because it determines the timing of when the State’s requisition powers under Part III become legally usable. For practitioners, timing is often crucial: rights, duties, and potential liabilities can hinge on whether the relevant statutory provisions were in force at the relevant time.
From a compliance and advisory perspective, the order signals that the requisition regime is not hypothetical. Once Part III is operational, affected parties may face administrative actions, notices, or directions consistent with the Act. Lawyers advising businesses in sectors that could be requisitioned should therefore treat this order as a trigger event for internal governance—particularly where contracts, supply obligations, labour arrangements, and asset availability are concerned.
From an enforcement and dispute perspective, the order also provides a clear legal basis for the commencement of Part III. If a requisition action is challenged, one likely line of inquiry is whether the enabling provisions were active at the time the action was taken. This order supplies the commencement date (23 March 2021) and supports the argument that Part III was in operation from that date.
Finally, the “No. 2” designation suggests continuity or escalation in 2021. Practitioners should check whether there were earlier orders (e.g., “No. 1”) and whether later orders amended or replaced the activation. The extract indicates the instrument is “current version as at 27 Mar 2026,” which implies that the order remains part of the current legal landscape, even if its practical effect depends on whether Part III is still in operation or has been subsequently modified by later instruments.
Related Legislation
- Requisition of Resources Act (Chapter 273) — in particular, Part III and the enabling power in section 2
- Requisition of Resources (No. 1) Order 2021 (if applicable—check the legislation timeline for the corresponding instrument)
- Requisition of Resources (No. 3) Order 2021 (if applicable—check the legislation timeline for subsequent instruments)
Source Documents
This article provides an overview of the Requisition of Resources (No. 2) Order 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.