Customs officers will now be able to arrest people who refuse to be searched after amendments to PACE legislation were passed in the Senate yesterday.

Previously, according to the Police And Criminal Evidence Act, Police were only able to arrest an individual if the offence carried a maximum three month period in prison.

The maximum penalty for refusing a customs search is a $6,000 fine, and so was not an arrestable offence.

The legislature also removes the ability for Justices of the Peace to issue warrants, instead giving the power to Magistrates.

Opposition Senator Jeanne Atherden supported the Bill, but suggested that Justices of the Peace who have worked as Magistrates should also be granted the opportunity to issue warrants.

"It would increase the pool of people who can issue a search warrant on short notice."

Independent Senator Walwyn Hughes praised the amendments, saying that it makes refusing a Customs officer a more onerous offence.

"Anything we can do to tighten up the customs process is vital. It's clear that guns and drugs are getting into this country. We need to make it clear that searches cannot simply be waved aside."

The Police And Criminal Evidence Act Amendment (No. 2) Act 2009 was passed unanimously.