Document ID: chunk:federal_register_of_legislation:F2017C00840:reg:9:p1
Version: federal_register_of_legislation:F2017C00840
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 6313–9296

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 oesophagus or death from malignant neoplasm of the oesophagus with the circumstances of a person's relevant service:
(1)          smoking at least 2.5 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of malignant neoplasm of the oesophagus, and:
(a)          smoking commenced at least five years before the clinical onset of malignant neoplasm of the oesophagus; and
(b)          where smoking has ceased, the clinical onset of malignant neoplasm of the oesophagus has occurred within 20 years of cessation;
Note: pack-years of cigarettes, or the equivalent thereof in other tobacco products is defined in the Schedule 1 - Dictionary.
(2)          the oral use of smokeless tobacco on more days than not, for at least five years before the clinical onset of malignant neoplasm of the oesophagus, and where the oral use of smokeless tobacco has ceased, the clinical onset of malignant neoplasm of the oesophagus has occurred within 15 years of cessation;
Note:  smokeless tobacco is defined in the Schedule 1 - Dictionary.
(3)          having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the oesophagus at least five years before the clinical onset of malignant neoplasm of the oesophagus;
Note:  cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
(4)          inhaling respirable asbestos fibres in an enclosed space:
(a)          for a cumulative period of at least 1 000 hours before the clinical onset of malignant neoplasm of the oesophagus; and
(b)          at the time material containing respirable asbestos fibres was being applied, removed, dislodged, cut or drilled; and
(c)           the first inhalation of respirable asbestos fibres commenced at least five years before the clinical onset of malignant neoplasm of the oesophagus;
(5)          inhaling respirable asbestos fibres in an open environment:
(a)          for a cumulative period of at least 3 000 hours before the clinical onset of malignant neoplasm of the oesophagus; and
(b)          at the time material containing respirable asbestos fibres was being applied, removed, dislodged, cut or drilled; and
(c)          the first inhalation of respirable asbestos fibres commenced at least five years before the clinical onset of malignant neoplasm of the oesophagus;
(6)          for squamous cell or undifferentiated carcinoma of the oesophagus only:
(a)          drinking at least 180 kilograms of alcohol before the clinical onset of malignant neoplasm of the oesophagus;
(b)          having a caustic burn of the oesophagus, at least ten years before the clinical onset of malignant neoplasm of the oesophagus;
(c)          having Plummer-Vinson syndrome at the time of the clinical