The COVID-19 pandemic drew attention to the real-world implications of the Australian government’s ceding of some of its sovereign powers over vaccines and other pharmaceutical products for dealing with the pandemic. These concessions were made in AUSFTA, doubtless under pressure from the United States negotiators who were unduly advancing the interests of pharmaceutical companies. The concessions made under the agreement are reflected in Australian law, particularly concerning access to clinical trial data. The Crown use powers were effectively rendered ineffective because of the lack of powers to compel TGA access to clinical trial data. In addition, no emergency powers were provided for under Australia law to enable parallel importing without a patentee’s permission for the purposes of domestic access to a vaccine. Arguably, these constraints on domestic sovereign power during an emergency are inconsistent with Australian and United States obligations under TRIPS.