The federal government will consider taking action if Japan resumes whaling in the Southern Ocean.
The International Whaling Commission is reviewing a Japanese proposal for a 12-year scientific program to catch 333 Antarctic minke whales each year for research involving lethal and non-lethal means.
Government minister Simon Birmingham told a Senate estimates hearing in Canberra on Tuesday that it was premature to consider another challenge in the International Court of Justice because Japan's proposal was hypothetical.
But Greens senator Peter Whish-Wilson said it was clear what Japan's intentions were: "They're going to resume whaling this summer".
Senator Birmingham admitted that was a risk.
"Based on the plans that are being considered at the IWC at present, there is a risk that Japan will adopt some other so-called scientific whaling program," he said.
The government hoped Japan would abide by both the letter and the spirit of the ICJ's ruling last year which ordered Japan to cease its whaling program.
If not, the government will consider taking action, he said.
"If Japan go down that path then of course, we will have to consider what avenues are open to us based on the legal advice that is available at the time," he said.
Senator Birmingham said the government remained "resolutely opposed" to commercial whaling and believes scientific research need not resort to lethal methods.
"We are working incredibly hard through the IWC to argue that there is no justification for it," he said.
The hearing was told Australia has sent a team of scientists to San Diego for the IWC meeting, as well as a senior legal officer from the Attorney-General's Department.
The environment department's Chris Schweizer said Australian scientists expressed concern about the methodologies being proposed by Japan at an IWC workshop in Tokyo in February.
Senator Birmingham said Environment Minister Greg Hunt had spoken with Japan's ambassador to Australia and the Japanese deputy foreign minister in relation to whaling issues.
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