Haneef may have remained locked up under new terrorism laws

Doctor Mohamed Haneef could have remained locked up under proposed new Queensland terrorism laws, lawyers argue.

The Justice Legislation (Links to Terrorist Activity) Amendment bill will ensure there is a presumption against bail, parole and release for adults and children who have demonstrated support for, or have links to, terrorism activity.

Dr Mohamed Haneef at home in Dubai in 2008.Credit: Karl Jeffs

Dr Haneef, whose second cousin once removed was involved in the Glasgow Airport attack, was arrested at the Brisbane Airport in July 2007 on suspicion of terror-related activities.

He was detained under the Australian Anti-Terrorism Act for 12 days without being charged with a crime, before being charged with intentionally providing support to a terrorist organisation.

Dr Haneef's family said he was returning to India to see his wife and newborn daughter and did not have any links to terrorism.

All charges were later dropped against Dr Haneef.

Queensland Law Society president Bill Potts said Mr Haneef spent a considerable amount of time in custody, had his reputation damaged nationally and internationally and was found not to have committed any offence.

"This legislation would, if he was charged with these types of matters, have the effect of keeping him in custody," he said.

"There are real examples that cause real injustice."

Coincidentally, Labor member for Toohey Peter Russo, who currently chairs the Legal Affairs and Community Safety Committee, was Dr Haneef's lawyer.

Mr Potts said the Palaszczuk government's bill was not a proportionate response to the threat of terrorism in Queensland.

"The Bail Act is more than empowered to prevent people, where there is an unacceptable risk, from being granted bail," he said.

Queensland Law Society criminal law committee member Ken Mackenzie asked whether people would be refused bail "because of who their cousin is".

"Dr Haneef's cousin was thought to be involved in the Glasgow bombing," he said.

"Dr Haneef was then facing a bail application in Queensland. He was granted bail.

"He was later found not to have done anything wrong, but under these changes perhaps he would not have because the court would have to take into account the association he had with another person."

Mr Mackenzie said broad definitions of terrorism meant renowned South African anti-apartheid leader Nelson Mandela and his party would be captured.

"Under our legislation, Nelson Mandela would be a terrorist," he said.

"It is so broad about any promotion, given the very broad definition of terrorism, that somebody who supported the African National Congress during the apartheid years would fallen foul of that provision.

"Similarly, any association that a person has had with another person who has promoted terrorism begins to follow the path down to guilt by association."

Mr Mackenzie said a person who posted on social media saying "I hope the Free Syrian Army defeats Bashar al-Assad's army at Idlib" would become a promoter of terrorism under the laws.

Premier Annastacia Palaszczuk agreed to introduce the state-based legislation after a 2017 COAG meeting.