Australia's Permanent Secretary for the Department of Foreign Affairs and Trade, Peter Varghese, made the comments on Friday after talks with Thai Ministry of Foreign Affairs head, Sihasak Phuangketkeow.
Thailand and Australia are working out a transition process for an expected 150 Australian couples and Thai surrogate mothers expected to give birth over the next year.
Up to 10 couples with 14 children have left Thailand or are preparing to leave within days.
Officials had warned Thailand may impose a requirement for couples to seek a court order to allow them to leave Thailand, a process that could take months.
New Thai legislation covering surrogacy programs is being debated amid an expected total ban on commercial surrogacy, an end to advertising and promotions, the shutting down of surrogate agents' businesses and closure of unregistered clinics.
Mr Varghese, at a press conference, said if Thailand opted for a total ban on commercial surrogacy, Australians would be warned against seeking the procedure in Thailand.
"If the result of that legislation is a ban on commercial surrogacy then we will do everything in our power to inform Australians and advise them of the contents of the legislation," he said.
"We are not in the business of subverting the laws of other countries."
Mr Varghese held talks with Thailand's acting permanent secretary of justice, and officials from the Thai social welfare department.
The talks centred on setting in place transitional arrangements for Australians expecting children from Thai surrogate mothers over the next 12 months.
Mr Varghese said Australia would "respect and abide" by any new legislation that the Thai parliament chooses to enact.
The Thai Government quickly brought forward a draft law after a scandal involving a West Australian couple who reportedly left behind in Thailand a twin brother - known as "baby Gammy" - while taking his healthy twin sister back to Australia.
Thai acting foreign minister, Sihasak, said the issues of humanity surrounding the surrogacy question were of "mutual concerns" to both countries.
"During this transitional period we discussed arrangements with respect to the 150 cases that we might have and looking at what we can do together to ensure the humanitarian concerns are taken into consideration," he told reporters.
"I think we have a pretty much clear idea of how we could work out the transitional arrangements during this period," he said.
Talks are underway with 17 relevant Thai organisations to develop clear-cut rules regarding commercial surrogacy and replace the guidelines set out by the Medical Council of Thailand.
But some western observers, including Julie Munro, chief executive of Intermed Global, assessing medical facilities in Asia for Americans seeking treatment, say if a ban on commercial surrogacy goes ahead it could drive the practice underground.
Ms Munro says Australians are still likely to look to Asia for surrogate mothers.
"There's a reason why so many Australians are coming to Thailand and looking for an option - clearly there is a need that the existing law (in Australia) is not meeting and it has to be looked at," she said.
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