The Australian Government are not doing enough to stop whales from being slaughtered the Australian Greens said today.

"After talking up their response, the new Labor Government have done little more than the previous Howard government to tackle the whale slaughter," said Greens spokesperson Senator Rachel Siewert.

"The Oceanic Viking still hasn't left port in Fremantle and the spotting plane that is supposed to document the whale slaughter has not even been registered for use yet."

"So what we are left with is a lot of talking and no real action ... just like the Howard Government," she said.

"Maybe the Government thought they had been seen to do enough when the Japanese postponed their announced take of Humpbacks - something the Greens believe they intended to do all along," said Senator Siewert.

"The Government should be commencing legal action immediately."

"There is a wealth of international legal advice already available that shows there are a number of fruitful legal avenues to pursue. While they continue 'giving serious consideration' to legal action more whales will be killed."

"The Government must take stronger action in other areas - such as refusing to further discuss a free trade agreement with Japan until the killing stops," said Senator Siewert.

"In the meantime Mr Smith and Mr Garrett should explain to the Australian people why the Oceanic Viking is still in port and why the spotter plane is probably weeks away from flying while the Japanese are hunting whales."