Statute Details
- Title: Requisition of Resources (No. 3) Order 2025
- Act Code: RRA1985-S322-2025
- Type: Subsidiary Legislation (SL)
- Authorising Act: Requisition of Resources Act 1985
- Enacting Formula / Power Used: Powers conferred by section 2 of the Requisition of Resources Act 1985
- Legislative Instrument Citation: SL 322/2025
- Date Made: 23 April 2025
- Status: Current version as at 27 Mar 2026
- Key Provisions (from extract): Section 1 (Citation) and Section 2 (Date of requisition / operational period)
- Relevant Operational Trigger: Part 3 of the Act to come into and remain in operation on 28 May 2025
What Is This Legislation About?
The Requisition of Resources (No. 3) Order 2025 is a subsidiary legislative instrument made under the Requisition of Resources Act 1985. In practical terms, it is a “turning-on” order: it activates the operation of Part 3 of the parent Act for a specified commencement date.
Unlike a full statute that sets out detailed requisition procedures, this Order is brief. Its legal function is to specify when the relevant provisions of the Act take effect. The Order therefore sits within a broader legislative framework: the Act establishes the powers and mechanisms for the requisition of resources, while the Order determines when those powers become operational.
For practitioners, the key point is that the Order does not itself describe the requisition process in the extract provided. Instead, it signals that the requisition regime in Part 3 of the Act is intended to be operative from 28 May 2025. This matters because requisition powers often have significant consequences for affected persons—such as obligations to comply, potential restrictions, and the need for careful procedural and evidential compliance.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: the Requisition of Resources (No. 3) Order 2025. While this appears administrative, citation provisions are important for legal certainty. They allow practitioners, enforcement agencies, and regulated parties to identify the exact instrument that governs the activation of the relevant statutory provisions.
Section 2 (Date of requisition) is the operative clause. It states that the provisions of Part 3 of the Act are to come into and remain in operation on 28 May 2025. The phrase “come into and remain in operation” indicates that the activation is not merely temporary for a single day; rather, it is intended to keep Part 3 operative from that date onward (subject to any later orders, amendments, or expiry mechanisms within the parent Act).
The legal significance of this clause is that it determines the temporal scope of the requisition powers and related obligations under the Act. In many regulatory and emergency-type regimes, the enforceability of obligations can hinge on whether the relevant statutory provisions have been brought into force. If Part 3 is not yet operative, actions taken under it may be challengeable for lack of legal authority. Conversely, once Part 3 is operative, affected parties must assume the requisition regime is active and that compliance duties may arise.
Enacting Formula and making authority: The Order is made by the Minister for Defence, exercising powers conferred by section 2 of the Requisition of Resources Act 1985. The signature block in the extract shows it was made by a senior Ministry of Defence official (Permanent Secretary (Defence Development)). For legal practice, the authorising provision is crucial: it confirms that the Minister (or the relevant delegate acting under the Minister’s authority) has statutory power to bring Part 3 into operation by order. This can be relevant in judicial review or collateral challenges where the question is whether the correct authority acted within the scope of its powers.
How Is This Legislation Structured?
This Order is structured in a standard subsidiary-legislation format with a short set of provisions. Based on the extract, it contains:
(a) Enacting formula (identifying the enabling power and the Minister’s authority);
(b) Section 1 (Citation); and
(c) Section 2 (Date of requisition), which is the substantive operative provision.
Although the Order itself is brief, its structure is best understood by reference to the parent Act. The Order’s “moving parts” are not detailed in the extract because the detailed requisition mechanics are located in Part 3 of the Requisition of Resources Act 1985. In other words, the Order functions as a commencement/activation instrument for Part 3.
Who Does This Legislation Apply To?
The Order is directed at the operation of Part 3 of the Requisition of Resources Act 1985. While the extract does not specify categories of persons, the parent Act’s requisition framework typically affects persons who control or possess “resources” that may be requisitioned—such as goods, services, facilities, or other assets relevant to defence or national needs. Once Part 3 is operative, the legal consequences under that Part apply to those within its scope.
From a practitioner’s perspective, the practical question is not only “who is named in the Order” (the Order names none) but rather “who is within the scope of Part 3 once it is in force.” Therefore, counsel should review Part 3 of the Requisition of Resources Act 1985 to identify: (i) the definition of “resources,” (ii) the persons who may be required to provide them, and (iii) the procedural steps that must be followed before any requisition can be enforced.
Why Is This Legislation Important?
Even though the Order is short, it is legally important because it determines when a potentially far-reaching statutory regime becomes enforceable. Requisition powers are typically associated with exceptional circumstances and can impose obligations on private parties and public bodies. The difference between Part 3 being operative or not operative can be decisive in disputes about legality, compliance, and remedies.
For enforcement and compliance, the Order provides a clear commencement date: 28 May 2025. This supports operational planning and ensures that affected parties can identify when the requisition regime begins. It also provides a defensible legal basis for any subsequent requisition actions taken under Part 3 after that date.
For litigation and advisory work, the Order is equally significant. If a requisition action is challenged, one of the first questions will be whether the relevant statutory provisions were in force at the time of the action. The Order supplies the answer for Part 3’s commencement. It may also be relevant to arguments about procedural fairness and statutory authority, particularly if affected persons contend that the requisition was made without proper legal basis or outside the operative period.
Related Legislation
- Requisition of Resources Act 1985 (including Part 3 and section 2 as the enabling provision)
- Requisition of Resources Act 1985 (as referenced in the Order’s title and authorising framework)
Source Documents
This article provides an overview of the Requisition of Resources (No. 3) Order 2025 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.