Statute Details
- Title: Requisition of Resources Order 2024
- Act Code: RRA1985-S71-2024
- Type: Subsidiary Legislation (SL)
- Authorising Act: Requisition of Resources Act 1985
- Enacting authority: Minister for Defence
- Legal basis: Powers conferred by section 2 of the Requisition of Resources Act 1985
- SL citation: No. S 71
- Legislation number (as shown in the extract): SL 71/2024
- Date made: 10 January 2024
- Commencement / “date of requisition”: 3 February 2024
- Operational period stated: Part 3 of the Act “come into and remain in operation” on 3 February 2024
- Status: Current version as at 27 Mar 2026 (per the extract)
What Is This Legislation About?
The Requisition of Resources Order 2024 is a short but legally significant instrument made under the Requisition of Resources Act 1985 (“the Act”). In plain terms, it activates a specific part of the Act—namely Part 3—so that the legal framework for requisitioning resources can operate from a specified date.
Requisition regimes are typically designed for situations where the State may need to secure access to resources (such as services, materials, or other assets) quickly in the public interest, including during emergencies or periods of heightened national need. While the extract provided contains only the Order’s citation and commencement mechanics, the Order’s legal effect is to bring the operative provisions of Part 3 of the Act into force.
Accordingly, the Order should be read together with the Requisition of Resources Act 1985, because the Order does not itself set out the requisition powers in detail. Instead, it functions as a “switch” that turns on the relevant statutory machinery contained in the Act.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: “This Order is the Requisition of Resources Order 2024.” This is standard drafting, but it matters for legal referencing, especially when advising on whether a particular requisition power was activated by a particular instrument.
Section 2 (Date of requisition) is the substantive provision in the extract. It states that “the provisions of Part 3 of the Act are to come into and remain in operation on 3 February 2024.” This language is crucial. It indicates that Part 3 is not merely to commence on that date; it is also to remain in operation from that point onward (subject to any later orders, amendments, or statutory termination mechanisms that may exist within the Act).
From a practitioner’s perspective, the legal significance of Section 2 is that it determines temporal applicability. Any actions taken under Part 3—such as notices, directions, or other steps that rely on the requisition powers—would need to be assessed against whether Part 3 was in operation at the relevant time. If a requisition-related decision was made before 3 February 2024, the powers in Part 3 would not yet have been activated by this Order. Conversely, decisions made on or after 3 February 2024 would likely fall within the activated regime.
Enacting formula and authorisation confirm that the Minister for Defence made the Order in exercise of powers under section 2 of the Act. This matters for validity and for any challenge. If a requisition action later depends on Part 3, a party may seek to argue that the activation was not properly authorised or that the correct instrument/version was not in force. The Order’s enacting formula provides the statutory hook for the Minister’s authority.
How Is This Legislation Structured?
The Requisition of Resources Order 2024 is structured as a very brief subsidiary instrument with only two operative provisions in the extract:
(1) Section 1: the citation (short title); and
(2) Section 2: the date on which Part 3 of the Act comes into and remains in operation.
Although the extract does not show “Parts” or “sections” beyond those two, the Order’s structure is consistent with many commencement/activation orders. The “substance” of the requisition powers is located in the parent Act—Requisition of Resources Act 1985—particularly in Part 3. Therefore, the Order should be treated as a commencement instrument rather than a self-contained code.
In practice, lawyers will typically read the Order alongside:
- the provisions of Part 3 of the Act (to understand the actual requisition powers, procedures, and remedies);
- the enabling provision in section 2 of the Act (to confirm what the Minister may activate and under what conditions); and
- any amendments or subsequent orders that may alter or extend the operation of Part 3.
Who Does This Legislation Apply To?
Because the Order itself does not define categories of persons or resources, its direct “who” is determined by the scope of Part 3 of the Requisition of Resources Act 1985. In general terms, requisition legislation applies to persons and entities that may hold or control relevant “resources” within the meaning of the Act—such as businesses, service providers, owners, occupiers, or other stakeholders whose assets or capabilities could be required for public purposes.
The Order’s effect is to make Part 3 operational from 3 February 2024. Therefore, any person who is within the reach of Part 3’s definitions and who is subject to requisition-related procedures during the period when Part 3 is in operation would be affected. Practically, this includes advising clients on compliance with notices or directions issued under Part 3, and on the availability of any statutory safeguards (such as compensation mechanisms, review processes, or procedural requirements) that Part 3 may contain.
Why Is This Legislation Important?
Even though the Requisition of Resources Order 2024 is brief, it is legally important because it determines whether the State can exercise the requisition powers contained in Part 3 of the Act. In legal practice, the activation date is often the pivot point for questions of legality, procedural fairness, and remedies.
First, the Order affects timing and enforceability. If a requisition action is challenged, parties will scrutinise whether the relevant statutory provisions were in force at the time. The Order’s clear commencement date—3 February 2024—provides an objective reference point.
Second, the Order has practical compliance implications for affected stakeholders. Once Part 3 is in operation, businesses and resource holders may face operational constraints, reporting or notification requirements, and obligations to make resources available or to comply with directions. Lawyers advising private parties will need to understand not only the existence of the requisition regime, but also the procedural steps and rights that Part 3 confers.
Third, the Order’s validity may be relevant in administrative law and statutory interpretation. The enacting formula indicates the Minister’s authority under section 2 of the Act. If there is a dispute about whether the Minister acted within power, the Order’s reliance on the enabling provision becomes central. Additionally, because the extract indicates the instrument is “current version as at 27 Mar 2026,” practitioners should verify whether any later amendments or replacement orders affect the operative status of Part 3.
Related Legislation
- Requisition of Resources Act 1985 (including Part 3 and section 2—the enabling provision referenced in the Order)
- Requisition of Resources Act 1985 (as referenced in the legislation timeline and authorising context)
Source Documents
This article provides an overview of the Requisition of Resources Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.