Document ID: chunk:federal_register_of_legislation:F2023L01146:reg:9:p1
Version: federal_register_of_legislation:F2023L01146
Segment Type: reg
Provision Reference: reg 9 (pt 1/4)
Character Range: 4565–7542

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 lung or death from malignant neoplasm of the lung is connected 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 10 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 10 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 10 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 10  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)          inhaling high concentrations of polycyclic aromatic hydrocarbons, through work involving a specified industry, manufacturing process or substance:
(a)          for a cumulative period of at least 3,500 hours before the clinical onset of malignant neoplasm of the lung; and
(b)          where the first inhalation of polycyclic aromatic hydrocarbons occurred at least 10 years before the clinical onset of malignant neoplasm of the lung;
Note: polycyclic aromatic hydrocarbons and specified industry, manufacturing process or substance are defined in the Schedule 1 – Dictionary.
(6)          being heavily exposed to diesel engine exhaust for a cumulative period of at least 15,000 hours, at least 10 years before the clinical onset of malignant neoplasm of the lung;
Note: being heavily exposed to diesel engine exhaust is defined in the Schedule 1 dictionary.
(7)          being exposed to mustard