Document ID: chunk:federal_register_of_legislation:F2022C00901:reg:9:p1
Version: federal_register_of_legislation:F2022C00901
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 5100–8335

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, asthma or death from asthma is connected with the circumstances of a person's relevant service:
(1)          being exposed to an immunologic or non-immunologic stimulus within the 24 hours before the clinical onset of asthma;
            Note: immunologic or non-immunologic stimulus is defined in the Schedule 1 - Dictionary.
(1A) having a sensitising exposure to an allergen before the clinical onset of asthma;
             Note: sensitising exposure to an allergen is defined in the Schedule 1 – Dictionary.
(2)          for reactive airways dysfunction syndrome only, inhaling very high concentrations of a substance with irritant properties, where such inhalation has resulted in acute toxic lower respiratory tract effects, within the 24 hours before the clinical onset of reactive airways dysfunction syndrome;
            Note 1: Irritant substances that cause reactive airways dysfunction syndrome include:
               (a) acids (including acetic and hydrochloric acids);
               (b) alkalis (including ammonia and hydrazine);
               (c) biocides (including formalin and fumigating agents);
               (d) fumes (including diesel exhaust and fire smoke);
               (e) gases (including chlorine and sulphur dioxide);
               (f) halogenated derivatives (including trifluoromethane and chlorofluorocarbons);
               (g) solvents (including perchloroethylene); and
               (h) sprays (including paints and floor sealant).
            Note 2: reactive airways dysfunction syndrome is defined in the Schedule 1 - Dictionary.
(3)          being overweight or obese for at least the five years before the clinical onset of asthma;
            Note: being overweight or obese is defined in the Schedule 1 - Dictionary.
(4)          taking a drug from the specified list of drugs within the 24 hours before the clinical onset of asthma;
            Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(5)          having smoked tobacco products:
(a)          in an amount of at least one pack-year before the clinical onset of asthma; and
(b)          if smoking has ceased before the clinical onset of asthma, then that onset occurred within five years of cessation;
             Note: one pack-year is defined in the Schedule 1 - Dictionary.
(6)          being exposed to an immunologic or non-immunologic stimulus within the 24 hours before the clinical worsening of asthma;
            Note: clinical worsening of asthma and immunologic or non-immunologic stimulus are defined in the Schedule 1 - Dictionary.
(7)          being overweight or obese for at least the five years before the clinical worsening of asthma;
            Note: being overweight or obese and clinical worsening of asthma are defined in the Schedule 1 - Dictionary.
(8)          taking a drug from the specified list of drugs within the 24 hours before the clinical worsening of asthma;
            Note: clinical worsening of asthma and specified list of drugs are defined in the Schedule 1 - Dictionary.
(9)          having smoked tobacco