Australian authorities could be accused of people smuggling if it is proven they paid the crew of an asylum-seeker boat to return to Indonesia, an international law expert says.
On Friday, claims surfaced that the navy paid six crew members of a boat carrying 65 asylum seekers $US5000 ($A6450) each to return to Indonesian waters.
The claim was rejected by two senior government ministers.
Professor of international law at the Australian National University, Don Rothwell, says if proven the activity could be tantamount to people smuggling under current regional protocols.
"People smuggling is defined with the protocol and to that end the provision of monies to people who are engaged in people-smuggling activities to take persons from a place on the high seas to another place, such as Indonesia, is clearly a people smuggling-type activity," he told the ABC.
He said the claims also raised questions because Australia was a party to the 2000 protocol to disrupt people smuggling.
Prof Rothwell said a lot would depend on how Australia's regional partners responded to the allegations.
The Indonesian government appeared to be taking them seriously, he said.
"We'll no doubt hear from Indonesia in the future about this."
Prime Minister Tony Abbott did not deny the allegations in a radio interview but he did say officials were being "incredibly creative" in following Australia's policy to turn back the boats.
"What we do is stop the boats by hook or by crook," Mr Abbott said.
"We have stopped the trade and we will do what we have to do to ensure that it stays stopped."
He repeatedly declined to confirm whether Australia was investigating the claims.
Finance Minister Mathias Cormann said the allegation was not an accurate reflection of what was happening.
"The prime minister has essentially stuck to his very long-standing practice of not to provide a running commentary on operational matters," he told Sky News on Saturday.
"He didn't confirm or deny, he didn't make comment one way or the other. He certainly didn't indicate that payments have been made."
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