Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes against humanity defined in the 1998 ICC Statute, including “enforced disappearances of persons”. 

On 4 October 2005, in response to a Question on Notice in the Senate regarding Australia’s policy on rendition: “Does the Government approve or disapprove of the United States of America’s policy of rendition, that is, kidnapping people for transfer to, and interrogation in, third countries which permit torture”, the Minister representing the Attorney-General responded: “The Government’s policy is that persons should only be transferred to another country through recognised legal means or where legal authority exists, such as extradition.”