Document ID: chunk:federal_register_of_legislation:F2024C00208:reg:9:p1
Version: federal_register_of_legislation:F2024C00208
Segment Type: reg
Provision Reference: reg 9 (pt 1/5)
Character Range: 6040–8974

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the lung or death from malignant neoplasm of the lung with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 0.5 pack-year before the clinical onset of malignant neoplasm of the lung; and
(b)          commencing at least 5 years before the clinical onset of malignant neoplasm of the lung;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2)          having been exposed to second-hand smoke:
(a)          for at least 5,000 hours before the clinical onset of malignant neoplasm of the lung; and
(b)          commencing at least 5 years before the clinical onset of malignant neoplasm of the lung;
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, where the first inhalation of asbestos fibres commenced at least 5 years before the clinical onset of malignant neoplasm of the lung;
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 1,000 hours before the clinical onset of malignant neoplasm of the lung; and
(b)          where the first inhalation of asbestos fibres commenced at least 5  years before the clinical onset of malignant neoplasm of the lung;
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)          being:
(a)          on land in Vietnam; or
(b)          at sea in Vietnamese waters; or
(c)          on board a vessel and consuming potable water supplied on that vessel, when the water supply had been produced by evaporative distillation of estuarine Vietnamese waters;
         for a cumulative period of at least 30 days, at least 5 years before the clinical onset of malignant neoplasm of the lung;
Note: being: (a) on land in Vietnam; or (b) at sea in Vietnamese waters and estuarine Vietnamese waters and potable water are defined in the Schedule 1 – Dictionary.
(6)          inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD):
(a)          for a cumulative period of at least 1,000 hours, within a consecutive period of 10 years before the clinical onset