TREATY PRACTICES OF AUSTRALIA

Here is the six-step process that applies to all proposals for international treaties by Australian Federal Government agencies.

Step 1: Authorization

The Minister for Foreign Affairs (or the Cabinet) grants authority to the relevant Portfolio Minister to negotiate. The lead agency also notifies the Prime Minister and other relevant Ministers.

Step 2: Negotiation and finalizing the text

The lead agency consults with other Federal agencies, as well as state and territory governments and other interested parties. If the document is not in English, a verified translation must be provided, and any changes must be mutually agreed upon by both parties before signing.

Step 3: Ministerial and Federal Executive Council (ExCo)[1]  approval

All actions related to signing, ratifying, amending, terminating, or withdrawing from a treaty must be approved by the ExCo. The responsible Minister must first seek the concurrence of the Minister for Foreign Affairs, the Attorney-General, and other relevant Ministers before submitting the proposal to the ExCo. The Prime Minister must be informed (usually through an exchange of letters). This step should be allocated approximately eight weeks.

Step 4: Signing

After the ExCo's approval, the Minister for Foreign Affairs issues the instrument of full powers for signing (unless the signatory is the Prime Minister or the Minister for Foreign Affairs).

Step 5: Parliamentary review

After signing, the treaty is presented to both Houses of Parliament for review by the Joint Standing Committee on Treaties (JSCOT). The JSCOT will produce a report and make recommendations on whether Australia should be bound by the international treaty. It's recommended to budget 4–6 months for this step. For minor changes, a streamlined parliamentary oversight process (minor treaty action) may be used.

Step 6: Entry into force

Before the treaty enters into force, any necessary changes to domestic law must be passed by both houses of Parliament. For bilateral treaties, entry into force is usually through an exchange of notes to confirm that both parties have completed their internal procedures. For multilateral treaties, the ExCo must approve the submission of the instrument of ratification; once submitted, the treaty will enter into force for Australia in accordance with its provisions.

[1] Not to be confused with the Australian Cabinet (the government); see more at: https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-is-the-difference-between-the-role-of-the-federal-executive-council-and-the-cabinet

[source]: https://www.dfat.gov.au/international-relations/treaties/treaty-making-process