(1)  If a person who is receiving or is entitled to receive a pension –

(a) becomes a member of the Parliament of the Commonwealth or a Territory or a State other than this State; or

(b) is not a person to whom regulation 32 relates and again becomes a member of Parliament –

the right of that person to receive a pension is suspended while that person continues to be a member of Parliament.

(2)  Where a person to whom a pension would be payable but for this regulation has become entitled to payment of a pension by reason of having been a member or by reason of being the widow or widower of a member of the Parliament of the Commonwealth or of a Territory or a State other than this State, that person's entitlement to payment of a pension under this Part is suspended while that person is so entitled.

(3)  Notwithstanding subregulation (2) , where a person has received a pension or other benefit under an entitlement referred to in that subregulation, the Board may direct payment to that person of a pension of such amount as the Board thinks fit, but so that the aggregate of the amount of the pension so directed to be paid and the amount of the pension, or the pension equivalent of the other benefit, that he or she has received under that entitlement does not exceed the annual pension that would have been payable under this Division but for this regulation.