Document ID: chunk:federal_register_of_legislation:F2022L00661:reg:9:p1
Version: federal_register_of_legislation:F2022L00661
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 3949–6913

9             Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the larynx or death from malignant neoplasm of the larynx is connected with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 3 pack-years before the clinical onset of malignant neoplasm of the larynx; and
(b)          commencing at least 10 years before the clinical onset of malignant neoplasm of the larynx; and
         if smoking has ceased before the clinical onset of malignant neoplasm of the larynx, then that onset occurred within 15 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2)          having been exposed to second-hand smoke:
(a)          for at least 10,000 hours before the clinical onset of malignant neoplasm of the larynx; and
(b)          commencing at least 10 years before the clinical onset of malignant neoplasm of the larynx; and
         if exposure to second-hand smoke has ceased before the clinical onset of malignant neoplasm of the larynx, then that onset occurred within 15 years of cessation;
Note: having been exposed to second-hand smoke is defined in the Schedule 1 - Dictionary.
(3)          inhaling respirable asbestos fibres in an enclosed space, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)          for a cumulative period of at least 2,000 hours before the clinical onset of malignant neoplasm of the larynx; and
(b)          where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of malignant neoplasm of the larynx;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.
(4)          inhaling respirable asbestos fibres in an open environment, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)          for a cumulative period of at least 6,000 hours before the clinical onset of malignant neoplasm of the larynx; and
(b)          where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of malignant neoplasm of the larynx;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.
(5)          inhaling smoke from the combustion of coal or other fossil fuel in an enclosed space:
(a)          for a cumulative period of at least 15,000 hours before the clinical onset of malignant neoplasm of the larynx; and
(b)           commencing at least 10 years before the clinical onset of malignant neoplasm of the larynx;
(6)          consuming alcohol:
(a)          in an amount