Document ID: chunk:federal_register_of_legislation:F2022L01380:reg:9:p1
Version: federal_register_of_legislation:F2022L01380
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4335–7264

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 unknown primary site or death from malignant neoplasm of unknown primary site is connected with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)           in an amount of at least 20 pack-years before the clinical onset of malignant neoplasm of unknown primary site; and
(b)           commencing at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and
if smoking has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 20 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2)          consuming alcohol:
(a)          in an amount of at least 200 kilograms before the clinical onset of malignant neoplasm of unknown primary site; and
(b)          where consumption of alcohol commenced at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and
if consumption of alcohol has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 40 years of cessation;
Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.
(3)          having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to at least one location in the body, at least 5 years before the clinical onset of malignant neoplasm of unknown primary site;
Note: cumulative equivalent dose is defined in the Schedule 1 – Dictionary.
(4)          for squamous cell carcinoma of unknown primary site of the head and neck only, having infection of the epithelium of the:
(a)          oral cavity;
(b)          oropharynx; or
(c)          larynx;
with human papillomavirus type 16 or 18 before the clinical onset of malignant neoplasm of unknown primary site;
Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the Schedule 1 - Dictionary.
(5)          for squamous cell carcinoma of unknown primary site involving the inguinal lymph nodes only, having infection of the epithelium of the:
(a)          anus or anal canal;
(b)          cervix;
(c)          penis;
(d)          vagina; or
(e)          vulva;
with a specified human papillomavirus before the clinical onset of malignant neoplasm of unknown primary site;
Note: specified human papillomavirus is defined in the Schedule 1 - Dictionary.
(6)          for squamous cell carcinoma of unknown primary site of the head and neck only, having infection with Epstein-Barr virus before the clinical onset of malignant neoplasm of unknown primary site;
Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the