Billiards And Bagatelle (Repeal) Bill

About this Item
Speakers - Kerr Mr Malcolm
Business - Bill, First Reading, Second Reading

BILLIARDS AND BAGATELLE (REPEAL) BILL

Bill introduced and read a first time.

Second Reading

Mr KERR (Cronulla) [9.1]: I move:

That this bill be now read a second time.

The Billiards and Bagatelle (Repeal) Bill is a matter of great concern to the House. It is a reflection of the maturity of the community that there is no pro-bagatelle demonstration outside this House at this moment.

Mr Hartcher: There should be.

Mr KERR: The honourable member for Gosford says that there should be. The requirement for this repealing legislation is a matter of great concern that may take some time to explain. The Billiards and Bagatelle Act 1902 was introduced to enable a proprietor of a hotel, or any other person able to furnish a certificate signed by "six respectable householders" residing in the applicant's district, to apply for a licence to keep a billiard table or a bagatelle board for hire or profit.

Dr Metherell: What is a bagatelle?

Mr KERR: I am frequently asked: what is a bagatelle? This question itself is no mere bagatelle for it underlines the anxiety that has arisen in the community concerning the Act. I inform the honourable member for Davidson that bagatelle is very similar to a billiard game. The honourable member originally came from Caringbah and obviously did not misspend his youth. His newspaper deliveries precluded visits to the bagatelle halls. Bagatelle halls are not in my electorate, I hasten to add - nor were they at that time - which perhaps accounts for the fine upstanding members of the community who have gone on to hold public office in this State. I return to the question put by the honourable member for Davidson. Bagatelle is a game very similar to billiards. The board is provided with ample pockets. The Act came into being in a social climate in which the community noted the presence of "respectable people" but the Act did not define what constituted "respectable people". Today people have different views about what amounts to respectability in our community. This Act was introduced prior to the first world war and the many social changes that occurred during the four-year period of that war. I am glad that the honourable member for Davidson is here. He did his Ph.D. thesis in relation to the 1914-18 period and the effect of conscription on the Australian community. He posed a number of the problems in the first couple of chapters of that
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thesis and outlined the changes taking place in the community. The need for this repealing legislation is today's differing community attitudes to those that prevailed in Australia prior to the Great War. In those days the community was far more insular.

Dr Metherell: "Inward turning" was the phrase I used in my thesis. The subtitle of the thesis was "Australia's Inward Turning".

Mr KERR: That was the title, and I am sure it will be the title of the mini-series when that comes out. That inward turning was reflected in the Billiards and Bagatelle Act, which one day I am sure will also be the subject of a Ph.D thesis and commentary on prewar society. The Act is evidence of the amount of regulation and concern that was perpetuated by an insular, introverted view that young and old in society had to be protected from what was considered to be a den of inequity. Fortunately, we have learnt, especially under the present Government, that people should be able to make a choice in fulfilling their lives. It is at the heart of the philosophy of the Government that people should not be treated as infants and that self-discipline is required in our community. In the early 1900s few other controls existed to regulate an industry which did not enjoy the best of reputations. Since that time, as we are all too well aware, our community and society have been much regulated. However, in recent years, with the increase in regulatory controls over the hotel and liquor industry, and with the very able assistance of the Chief Secretary and Minister for Administrative Services, the necessity for the Billiards and Bagatelle Act has disappeared. I am particular well qualified to speak on that topic, as chairman of the Ministerial Liquor Industry Advisory Council.

Dr Metherell: And on entertainment.

Mr KERR: And on the issue of entertainment also. It is important that the House should express its views about and confidence in the liquor industry, which has made great strides over the past few years, in particular with under-age drinking, which was one of the evils that the original legislation was introduced to combat. Over the past few years, with the co-operation of the liquor industry and the issue of PubCards, young people in particular have been encouraged to be responsible by not drinking until reaching the age of 18 and not overindulging. In 1902, when the Act came into force, people had a much stronger sense of family and community, as the honourable member for Davidson would know. The inward-looking ethos of those times had a positive effect of instilling in people a sense of community, shared values and responsibilities. Regrettably, those values are disappearing. Wartime experience in particular produced dissension in the community, and in the post-war period marriages broke down and families split up.

A review of the Billiards and Bagatelle Act has revealed its provisions to be outdated and inoperative. The Principal Registrar of the Licensing Court of New South Wales has advised that no applications for such a licence have been lodged for many years. If that is so, there is no justification for the Act remaining on the books. For that reason I am moving - I hope with the support of the House - to repeal the Act. The original legislation contains several questionable provisions including a prohibition on unmarried women holding a billiard and bagatelle licence. In this day and age that restriction cannot be justified and I hope that all members agree with me that clause should be removed by repealing the Act. Women should not be stigmatised simply because they are unmarried. They are as entitled as anyone to hold a billiards and bagatelle licence if they want to. The honourable member for Maitland is a well-known progressive in these matters. I am sure he will agree that the unmarried women of Maitland should not be under any restriction in relation to the existing Act.

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Dr Metherell: The lads of the Hunter Valley never thought they were.

Mr KERR: The honourable member for Davidson mentions the lads of the Hunter Valley. I remember a popular song of some years ago about Hunter Street at Newcastle and how it got that name. It had something to do with unmarried women. That sort of thing does not occur at Eastwood.

Dr Metherell: And foxtails on FJ Holdens.

Mr KERR: I am reminded of foxtails on FJ Holdens. That song was a classic and is part of the Australian music tradition. Fortunately, that tradition will not be affected greatly by the repeal of the Act. The community's approach is that unmarried women are entitled to live fulfilling lives. The old days when one had to marry in accordance with the social mores have gone. Women are entitled to have careers and should not be put under the thumb by a male-dominated community. On behalf of my gender I am pleased to blaze the pathway. The bill is a landmark for a whole range of community attitudes that were evident at the beginning of the century. As we approach the next century it is as well to abandon those attitudes. This legislation was never touched during the 12 dark years of Labor administration. In that period unmarried women continued to be subjected to these questionable provisions. They have waited too long to be liberated. Their cue has been some time in coming but now has arrived. Honourable members will be aware that the Government is committed to reducing unnecessary regulatory controls on business.

Mr Amery: Is the Government going to bring out the big stick?

Mr KERR: The honourable member for Riverstone mentions the big stick. It is not before time that we gave up using the big stick. I know that the honourable member for Murrumbidgee, who so ably chairs the Regulation Review Committee, will be in accord with that approach. These days we are more interested in carrots than big sticks. Businesses must climb out of the hole. We are here to help them do so. We want a level playing field.

Mr Blackmore: Like the billiard table.

Mr KERR: Yes, that is right.

Mr J. J. Aquilina: Keep your eye on the ball.

Mr KERR: We will continue to do that, and we will rack up a number of successes by doing so. It is necessary to understand that the climate of commercial transactions has changed. The Government used to get into the ring and try to solve all of the problems. Members from both sides have learned that the market has a role to play in sorting out problems. If it is necessary for government to intervene, that will happen, and it will happen in the public interest. However, the existing legislation cannot be justified as being in the public interest. It is very much detrimental to the public interest. I mentioned the effect the legislation has on unmarried women. I could go on at length about those detrimental effects. If the House would like me to do so, I shall.

Dr Metherell: We would like to hear them.

Mr KERR: As I have been requested to refer to the detrimental effects, I might do so.

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Dr Metherell: I thought the honourable member for Cronulla might have mentioned the church of St Philip the Apostle.

Mr KERR: No. St Philip's Church does its best to marry a number of women each month. I am able to confirm that. The honourable member had his own confirmation in that church at Caringbah. Despite the efforts of St Philip's to encourage weddings, there will continue to be a number of unmarried women in the community and their life should not be blighted by being stigmatised. Their civil liberties should not be different from those of other people in the community. Therefore, it is intended that the Billiards and Bagatelle Act be repealed by this bill. This will signal an end to unnecessary regulation of commercial activity in the State. The bill will be particularly welcomed during this recession, the worst we have seen since the Great Depression of the 1930s.

Mr Blackmore: Federally induced.

Mr KERR: Yes, Mr Keating was Treasurer in 1983 when the process began. The honourable member for Maitland is as concerned about unemployment in his electorate as I am about unemployment in my area. We do not want to see people, young or old, robbed of jobs by unnecessary regulation. Employers should not be subjected to burdens which act as disincentives to taking on employees. The economic consequences of the bill will be beneficial. The consequential amendment to the Gaming and Betting Act 1912 will be necessary following passage of this bill. Section 15A(1)(a) of the Billiards and Bagatelle Act purports to penalise a reputed cheat loitering in or near licensed premises established under that Act. The consequential amendment has the full support of the Chief Secretary, which I welcome. The Gaming and Betting Act is worth while. There should be no place for cheats in a civilised community. We should show as a community that we disapprove of cheating. I implore the House to support this progressive legislation which will remove from a section of the community an undeserved stigma. It will remove a burden from the business community which should not exist. It will signal to citizens, business and government that there is a re-examination of the role of government. All of us accept that governments have a place. They should work for the community. Government is the servant of the people; the people are not the servants of government.

Mr Hartcher: Hear! Hear!

Mr KERR: Gosford has prospered because of the adherence of the honourable member for Gosford to that philosophy. He has worked hard in that sphere. People have worked hard all their lives to provide a decent future for their children. Those children should not be subjected to burdens which existed at the beginning of the century. As we approach the twenty-first century we have to meet a range of challenges, as well as opportunities. We will not be able to maximise our opportunities and meet those challenges while there are antiquated statutes on the book which demean our citizens and restrict economic opportunities. Argument has been advanced as to why this legislation should be opposed. I gave notice of this bill weeks ago to allow a full, wide-ranging public debate, yet I have received no calls or letters that could be described as pro-bagatelle. It has been unjustifiably suggested that the bill should have gone before a legislation committee. This bill should receive unanimous support. It is forward thinking but not before its time. I hope that all members of the House will unite in this crusade to help the people of this State.

Debate adjourned on motion by Mr Amery.

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