Statute Details
- Title: Requisition of Resources (No. 5) Order 2023
- Act Code: RRA1985-S640-2023
- Legislation Type: Subsidiary Legislation (SL)
- Singapore Citation: SL 640/2023 (dated 22 Sep 2023)
- Authorising Act: Requisition of Resources Act 1985
- Enacting Authority: Minister for Defence
- Power Exercised: Powers conferred by section 2 of the Requisition of Resources Act 1985
- Made Date: 21 July 2023
- Commencement / Operational Date: 23 September 2023 (for Part 3 of the Act)
- Status: Current version as at 27 Mar 2026
What Is This Legislation About?
The Requisition of Resources (No. 5) Order 2023 is a Singapore subsidiary legislation instrument that activates specific powers under the Requisition of Resources Act 1985 (“the Act”). In practical terms, it is a legal “switch” that brings Part 3 of the Act into force for a defined period: it is to “come into and remain in operation” on and after 23 September 2023.
Although the Order itself is brief, its legal effect can be significant. The Act is designed to enable the Government—particularly in defence and national security contexts—to secure resources when required. The Order therefore matters to businesses, asset holders, and individuals who may be affected by requisition measures, because it determines when the statutory requisition regime becomes operational.
For practitioners, the key point is that this Order does not create a new requisition scheme from scratch. Instead, it selectively activates an existing legislative framework (Part 3 of the Act) by specifying the date from which it applies. Understanding the Order therefore requires reading it together with the Act’s Part 3 provisions.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: “Requisition of Resources (No. 5) Order 2023.” This is standard legislative drafting, but it is important for accurate legal referencing in submissions, compliance documentation, and correspondence with authorities.
Section 2 (Date of requisition) is the operative provision. It states that “the provisions of Part 3 of the Act are to come into and remain in operation on 23 September 2023.” This language indicates that Part 3 is not merely temporarily activated for a single day; rather, it is intended to remain in operation from that date (subject to how the Act itself governs duration, revocation, or ongoing applicability).
Enacting formula and enabling power confirm that the Minister for Defence made the Order “in exercise of the powers conferred by section 2 of the Requisition of Resources Act 1985.” This matters for legal validity and for interpretive questions. If a party challenges the requisition regime, one likely line of argument would be whether the Minister acted within the statutory authority. The Order’s express reference to section 2 of the Act supports the conclusion that the Minister had the competence to activate Part 3.
Temporal effect and compliance planning are central practical implications of section 2. Once Part 3 is in operation, the Government may rely on the powers contained in that Part. For counsel advising affected parties, the date in section 2 is therefore a critical fact: it determines when the requisition powers become available to the State and when affected stakeholders should assume that requisition-related obligations and risks may arise.
How Is This Legislation Structured?
The Order is structured as a short subsidiary instrument with only two substantive provisions:
(1) Section 1 sets out the citation (the name of the Order).
(2) Section 2 specifies the “date of requisition” by providing the commencement and continuing operation of Part 3 of the Requisition of Resources Act 1985.
There are no schedules, definitions, or detailed operational mechanisms in the Order itself. Instead, the Order functions as an activation instrument. The detailed requisition mechanics—such as the types of resources covered, the process for requisition, and any compensation or procedural safeguards—are located in Part 3 of the Act, not in the Order.
Who Does This Legislation Apply To?
By its nature, the Order applies to the extent that Part 3 of the Act applies. While the Order does not name categories of persons, Part 3 of the Act typically governs how the State may requisition “resources” (which may include property, services, or other assets, depending on the Act’s definitions). Accordingly, the practical “applicability” is to persons who own, control, or are able to provide the relevant resources that may be requisitioned once Part 3 is in operation.
In practice, this can include businesses operating in sectors relevant to defence and essential services, asset owners, contractors, and potentially individuals whose property or services fall within the statutory scope. For legal practitioners, the key is to identify the categories of “resources” and the procedural triggers in Part 3 of the Act, and then map those to the client’s assets, contracts, and operational capabilities as at and after 23 September 2023.
Why Is This Legislation Important?
Even though the Requisition of Resources (No. 5) Order 2023 is brief, it is legally important because it determines when the Government can invoke the requisition powers in Part 3 of the Act. In national preparedness contexts, the ability to requisition resources quickly and lawfully can be essential. The Order therefore forms part of Singapore’s broader legal infrastructure for resource mobilisation.
From an enforcement and risk perspective, the Order’s date is a pivot point. Once Part 3 is in operation, affected parties should assume that requisition measures may be issued and that compliance expectations may arise. Counsel should therefore consider advising clients on contingency planning, contract clauses, and operational readiness—particularly where clients hold assets or provide services that could plausibly fall within the statutory definition of “resources.”
For dispute prevention and litigation strategy, the Order also provides a clear documentary basis for the State’s reliance on the Act. If a requisition action is challenged, the existence of a valid activation order specifying the relevant date can be central to establishing that the statutory powers were available at the time of the action. Conversely, for parties seeking to challenge a requisition, the Order’s contents (including the enabling authority and the specified date) are starting points for assessing whether the activation was properly made.
Related Legislation
- Requisition of Resources Act 1985 (including Part 3)
- Requisition of Resources Act 1985 (general enabling provision: section 2, referenced as the power to make this Order)
Source Documents
This article provides an overview of the Requisition of Resources (No. 5) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.