Local Government Act 1993 Regulation relating to adjustment of annual fees (1995-593) [GG No 119 of 29.9.1995] (NSW)

1995—No. 593

LOCAL GOVERNMENT ACT 1993—REGULATION

(Relating to adjustment of annual fees)

NEW SOUTH WALES

[Published in Gazette No. 119 of 29 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Local Government Act 1993, has been pleased to make the Regulation set forth hereunder.

ERNEST THOMAS PAGE, M.P.,

Minister for Local Government.

Commencement

1. This Regulation commences on 1 October 1995.

Amendment

2. The Local Government (General) Regulation 1993 is amended by

inserting after Part 3 the following Part:

PART 4—MISCELLANEOUS

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

8. 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 (as the case may be).

1995—No. 593

EXPLANATORY NOTE

The object of this Regulation is to prescribe additional circumstances in which a council can adjust how much it pays councillors as annual fees. The adjustment (reduction or complete non-payment) is done under section 254A of the Local Government Act 1993, and is aimed at avoiding situations in which a councillor completely or partly loses an entitlement to a benefit (such as a pension or disability allowance) because of the payment by the council of an annual fee or an annual fee above a certain figure.

The Regulation is made under the Local Government Act 1993, including sections 254A (Circumstances in which annual fees may be withheld) and 748 (the general regulation-making power).