Statute Details
- Title: Requisition of Resources Order 2019
- Act Code: RRA1985-S34-2019
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Requisition of Resources Act (Chapter 273)
- Enacting Authority: Minister for Defence
- Enacting Formula (Power Source): Powers conferred by section 2 of the Requisition of Resources Act
- Citation: No. S 34
- SL Number: SL 34/2019
- Date Made: 15 January 2019
- Status: Current version as at 27 March 2026
- Key Provisions: Section 1 (Citation); Section 2 (Date of requisition / commencement of Part III of the Act)
What Is This Legislation About?
The Requisition of Resources Order 2019 is a short but legally significant instrument. In substance, it activates a specific part of the Requisition of Resources Act—namely Part III—by setting a commencement date. Rather than creating a new regulatory scheme from scratch, the Order functions as a “switch” that brings existing statutory powers into operation.
In plain language, the Requisition of Resources Act provides a legal framework that allows the Government, under defined circumstances, to requisition (that is, take or secure) resources needed for national purposes—typically in situations involving defence, emergencies, or other contingencies where continuity of essential services and capabilities is critical. The 2019 Order does not itself describe the requisitioning powers; instead, it determines when the relevant provisions in the Act begin to apply.
Accordingly, the practical effect of the Order is to ensure that the legal machinery in Part III of the Act is available from 15 January 2019. For practitioners, the key point is that the Order’s legal consequences flow from the Act: once Part III is in operation, the Government can rely on the powers and procedures set out in that Part, subject to the Act’s conditions and safeguards.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision. It confirms the formal name of the instrument: the Requisition of Resources Order 2019. While this may appear administrative, citation provisions matter for legal certainty—especially when orders are referenced in official notices, legal proceedings, or compliance documentation.
Section 2 (Date of requisition) is the core operative clause. It provides that “the provisions of Part III of the Act are to come into and remain in operation on 15 January 2019.” This language does two things:
- Commencement: Part III becomes effective on a specific date (15 January 2019).
- Continuing operation: Part III is not merely activated temporarily; it is to “remain in operation” from that date onward (subject to any later amendments, revocations, or subsequent orders under the Act).
Because the extract provided contains only these two sections, the Order itself is minimal. However, the legal significance lies in what Part III of the Requisition of Resources Act contains. Once Part III is in operation, the Government may invoke the requisitioning powers and related procedural mechanisms that Part III establishes. In practice, this typically includes authority to require persons or entities to provide resources, comply with requisition directions, and/or make resources available for specified purposes, along with any associated enforcement and compensation provisions that the Act provides.
Practitioner note: When advising clients—whether suppliers, critical infrastructure operators, or other resource holders—the commencement of Part III is often the trigger for compliance obligations. Even if the Order is dated and brief, it can materially affect contractual risk, operational planning, and regulatory exposure. Lawyers should therefore cross-reference Part III’s operative sections, definitions, and any procedural requirements (such as notice, scope of requisition, duration, and remedies).
Also, the Order is made under section 2 of the Act. This indicates that the Act contemplates staged or conditional activation of its provisions. For legal analysis, this matters because it suggests that the Act’s powers are not necessarily automatically in force at all times; rather, the Minister for Defence can bring the relevant Part into operation by order. That structure can be relevant in disputes about whether particular requisition actions were lawful at the time they were taken.
How Is This Legislation Structured?
The Requisition of Resources Order 2019 is structured as a subsidiary legislation instrument with a very limited number of provisions. Based on the extract, it contains:
- Section 1: Citation (the formal title of the Order).
- Section 2: Date of requisition / commencement of Part III of the Act.
There are no schedules, definitions, or detailed operational rules within the Order itself. Instead, the Order is designed to be read together with the Requisition of Resources Act (Chapter 273), particularly Part III. In legal research and practice, this means the Order should not be analysed in isolation. A complete understanding requires reviewing the Act’s Part III provisions to identify:
- the scope of “resources” covered;
- who may be directed or compelled;
- the process for requisition (including any notice or formality requirements);
- duration and termination mechanisms;
- enforcement consequences for non-compliance; and
- any compensation or liability framework.
Who Does This Legislation Apply To?
On its face, the Order applies generally by activating Part III of the Requisition of Resources Act. It does not specify categories of persons or entities within the extract. Therefore, the practical “who” is determined by the Act—Part III’s provisions will define the persons, organisations, or classes of resource holders that may be subject to requisition directions.
In typical requisition frameworks, the affected parties may include businesses and individuals who control or can supply relevant resources (for example, goods, services, facilities, transport capacity, or other operational inputs). Lawyers advising such parties should treat the activation of Part III as a signal that requisition-related obligations and risks are live, even if no requisition has yet been issued.
Why Is This Legislation Important?
Although the Requisition of Resources Order 2019 is brief, it is important because it determines the legal availability of the Government’s requisition powers under Part III of the Act. In other words, it affects the timing of when the State can rely on those powers. For practitioners, this can be decisive in assessing legality, compliance duties, and potential liability.
From an enforcement and compliance perspective, the “remain in operation” language means that once Part III is activated on 15 January 2019, it continues to be available unless and until changed by subsequent legislation or further orders. This creates a continuing compliance environment for affected stakeholders, particularly those in sectors that may be considered relevant to defence or national preparedness.
From a litigation and advisory standpoint, the Order can also be relevant to disputes about whether requisition actions were taken lawfully. If a requisition direction was issued after 15 January 2019, the Government would likely rely on the fact that Part III was in operation. Conversely, if actions were taken before that date, affected parties may argue that the requisition powers in Part III were not yet legally active. Therefore, the Order’s commencement date can be a key factual and legal anchor in any challenge.
Related Legislation
- Requisition of Resources Act (Chapter 273) (including Part III)
- Legislation Timeline (for version control and determining the correct instrument as at relevant dates)
Source Documents
This article provides an overview of the Requisition of Resources Order 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.