42   Circumstances in which councillors’ annual fees may be reduced or not paid

For the purposes of section 254A of the Act, a prescribed circumstance for the non-payment or reduction of a councillor’s annual fee is the circumstance where both of the following conditions are satisfied:

(a)  the payment of the annual fee adversely affects the councillor’s entitlement to a pension, benefit or allowance under any legislation of the Commonwealth, a Territory or a State (including New South Wales),

(b)  the councillor agrees to the non-payment or reduction.