Document ID: chunk:federal_register_of_legislation:F2021L00603:reg:9:p1
Version: federal_register_of_legislation:F2021L00603
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 3930–6785

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 oral cavity, oropharynx or hypopharynx or death from malignant neoplasm of the oral cavity, oropharynx or hypopharynx with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 2.5 pack-years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
(b)          commencing at least 5 years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
if smoking has ceased before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx, 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 5,000 hours before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
(b)          commencing at least 5 years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
if exposure to second-hand smoke has ceased before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx, 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)          the oral use of smokeless tobacco:
(a)          on more days than not; and
(b)          for at least 5 years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
if the oral use of smokeless tobacco has ceased before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx, then that onset occurred within 15 years of cessation;
Note: smokeless tobacco is defined in the Schedule 1 - Dictionary.
(4)          chewing betel quid or areca nut:
(a)          in an amount of at least one betel quid or areca nut per day for a continuous period of at least 1 year before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
(b)          commencing at least 5 years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and
if chewing of betel quid or areca nut has ceased before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx, then that onset occurred within 15 years of cessation;
(5)          consuming maté:
(a)          on more days than not; and
(b)          for at least 5 years before the clinical onset of malignant neoplasm of the oral cavity, oropharynx or hypopharynx; and