Does the Australian parliament have to vote on the IHR amendments for them to be binding on Australia?
Explaining the process for Australia to take on legally binding obligations under the proposed amendments to the International Health Regulations (IHR)
No, the Australian parliament does not have to vote on the IHR amendments for them to be binding on Australia.
The IHR is an existing international agreement. Under the procedural rules set out in the IHR, amendments take effect unless a member nation opts out by sending a letter to the World Health Organisation “rejecting” (or making “reservations” to) the amendments, as set out in Article 55 of the IHR:
Article 22 of the Constitution of WHO is the provision which means that the amendments will come into force automatically unless a member nation rejects or expresses reservations within the required deadline:
So no decision is required – and at any rate, it is the executive arm of government and not the parliament, which has the power under the Australian constitution, to enter into binding international agreements.
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