"Late last night I was advised the Japanese had agreed to this and they had instructed the relevant whaling ship to return the men to the Steve Irwin," Smith told national radio.

The agreement to release Australian Benjamin Potts and Briton Giles Lane -- crewmen on the Sea Shepherd Conservation Society vessel the Steve Irwin -- came after Australian officials contacted the Japanese government, Smith said.

"The most important thing here is the safety and welfare of the two men concerned and we do as the Australian government want their immediate release.

"My most recent advice, which is in the last hour, is that that transfer has not yet occurred and I'm calling upon both parties, both the Steve Irwin and Sea Shepherd, and the Japanese whaling vessel, to effect immediately their safe return of the two men concerned."

The activists boarded the Japanese harpoon vessel Yushin Maru No 2 Tuesday to deliver a written demand that Japan stop killing whales.

Sea Shepherd said the men were assaulted and tied to the ship's radar mast, but Japan denied this, saying they were held in an office aboard the ship after boarding the vessel illegally.

Smith refused to be drawn on whether he considered the two men had been held hostage but said Australian Federal Police were investigating the incident.

"From the very first day I urged all parties in this matter to exercise restraint," he said. "It's quite clearly the case that restraint hasn't occurred here.

"If there is any illegal or unlawful activity in respect to this matter then not only do I not condone that, I condemn it."

The Japanese fleet, on a mission to kill around 1,000 whales in Antarctic waters this season, is being harassed by shipborne activists from Greenpeace as well as Sea Shepherd.

Australia's Federal Court on Tuesday ordered Japan to stop hunting and killing whales anywhere around its coastline or off Australian Antarctic territory.

However, the court noted that unless the Japanese whalers entered Australian jurisdiction where they could be seized, there was no practical way the order could be enforced.

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