Statute Details
- Title: Requisition of Resources (No. 2) Order 2023
- Act Code: RRA1985-S103-2023
- Type: Subsidiary Legislation (SL)
- Enacting / Authorising Act: Requisition of Resources Act 1985
- Authorising Provision: Powers conferred by section 2 of the Requisition of Resources Act 1985
- Legislative Instrument Number: SL 103/2023
- Date Made: 30 January 2023
- Date of Requisition / Commencement Trigger: 25 February 2023
- Status: Current version as at 27 Mar 2026
What Is This Legislation About?
The Requisition of Resources (No. 2) Order 2023 is a short but legally significant instrument. In substance, it determines when specific provisions of the Requisition of Resources Act 1985 (“the Act”) come into force. Rather than creating a new regulatory scheme from scratch, the Order activates the operation of Part 3 of the Act for a defined period starting on a particular date.
In plain language, the Act provides the legal framework for the Government—through the relevant Minister—to requisition (that is, take or require the provision of) resources in situations where national needs require it. Such resources may include goods, services, or other assets necessary for defence, security, or other critical public purposes. The Order is one of the mechanisms used to “switch on” the Act’s operational provisions when circumstances require them.
Because this Order is limited to commencement and duration (“come into and remain in operation”), it is best understood as an administrative and legal activation step. Practitioners should therefore focus on what Part 3 of the Act covers, how it interacts with the Act’s general powers, and what legal consequences follow once Part 3 is in force.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: “Requisition of Resources (No. 2) Order 2023”. This is standard legislative drafting and is primarily relevant for referencing, filing, and legal citation.
Section 2 (Date of requisition / commencement of Part 3) is the operative provision. It states that the provisions of Part 3 of the Act are to come into and remain in operation on 25 February 2023. The wording “come into and remain in operation” indicates that once the specified date is reached, Part 3 is not merely temporarily effective for a single day; it continues to operate until it is otherwise amended, revoked, or replaced by later instruments (or until the Act’s own terms provide for cessation).
From a practitioner’s perspective, the key legal work is not done in the Order itself, but in the activation of Part 3. Once Part 3 is in force, the Government’s requisition powers and the procedural and substantive requirements contained in that Part become legally enforceable. This typically includes (depending on the content of Part 3) matters such as the authority to requisition, the scope of resources that may be requisitioned, the process for issuing requisition notices or directions, and the rights and obligations of affected persons (including duties to comply and any compensation or review mechanisms, if provided by the Act).
Enacting formula and authorisation confirm that the Minister for Defence is empowered to make the Order under section 2 of the Act. This matters for validity and challenge. If a requisition is later made under Part 3, affected parties may seek to scrutinise whether the correct Part was activated lawfully and whether the requisitioning authority acted within the scope of the Act as enabled by the Order. The authorising formula therefore provides the legal foundation for the commencement decision.
Made on 30 January 2023 establishes the date the Minister signed the Order. The Order’s effect, however, is tied to the later date of requisition/commencement (25 February 2023). This separation between “made” and “effective” date is common: it allows administrative preparation while ensuring that the legal consequences begin only when the specified date arrives.
How Is This Legislation Structured?
This Order is structured in a very concise format, consisting of:
(a) Enacting formula: identifies the legal basis for the Minister’s power (section 2 of the Act) and confirms the Minister’s role (Minister for Defence).
(b) Section 1 (Citation): provides the short title.
(c) Section 2 (Date of requisition): the sole substantive provision, specifying the commencement and continued operation of Part 3 of the Act from 25 February 2023.
There are no schedules, definitions, or detailed procedural rules in the Order itself. The Order functions as a “switch” that turns on the relevant Part of the Act. Accordingly, practitioners should read the Order together with the full text of Part 3 of the Requisition of Resources Act 1985 to understand the actual legal obligations and powers that become available.
Who Does This Legislation Apply To?
The Order itself applies to the extent that it activates Part 3 of the Act. While the Order does not name particular classes of persons, the practical effect of Part 3 typically extends to persons who control or provide resources that may be requisitioned under the Act—such as suppliers, operators, owners, or other stakeholders whose resources fall within the requisition framework.
In practice, the Order is relevant to:
- Government and requisitioning authorities acting under the Act once Part 3 is in force;
- Businesses and individuals who may be served with requisition notices or directions under Part 3;
- Legal advisers and compliance teams supporting affected entities in understanding duties to comply, timelines, and any compensation or dispute mechanisms provided in Part 3.
Because the Order is a commencement instrument, its applicability is time-based: it matters whether the requisition occurred on or after 25 February 2023, and whether Part 3 remained in force at the relevant time. Practitioners should therefore verify the timeline and the version status when assessing liability or compliance.
Why Is This Legislation Important?
Even though the Requisition of Resources (No. 2) Order 2023 is brief, it is important because it determines when the State’s requisition powers under the Act become legally operational. In legal disputes—whether involving compliance, administrative law challenges, or claims related to requisitioned resources—the commencement date and the validity of the activation instrument can be decisive.
From an enforcement standpoint, once Part 3 is in operation, requisition-related actions taken under that Part are supported by the Act’s statutory authority. This reduces uncertainty for the Government and increases legal clarity for affected parties. Conversely, for affected persons, it means that arguments based on “Part 3 not being in force” may fail if the requisition occurred after the commencement date specified in the Order.
For practitioners advising clients, the Order highlights a key compliance point: businesses that might be requisitioned should monitor not only the Act but also the subsidiary instruments that activate its parts. The existence of “(No. 2)” in the title suggests there may be multiple commencement orders or staged activation. This can affect the scope of powers available at different times, and therefore the legal risk profile for a client depending on when events occurred.
Finally, the instrument underscores the importance of reading subsidiary legislation alongside the parent Act. A commencement order may look procedural, but it can have immediate and substantial consequences for rights, duties, and remedies once the activated provisions take effect.
Related Legislation
- Requisition of Resources Act 1985 (including Part 3)
- Requisition of Resources Act 1985 (as referenced in the authorising provision: section 2)
Source Documents
This article provides an overview of the Requisition of Resources (No. 2) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.