Document ID: chunk:federal_register_of_legislation:F2023L00175:reg:9:p1
Version: federal_register_of_legislation:F2023L00175
Segment Type: reg
Provision Reference: reg 9 (pt 1/4)
Character Range: 4765–7791

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 chronic obstructive pulmonary disease or death from chronic obstructive pulmonary disease with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 5 pack-years before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if smoking has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: one pack-year is defined in the Schedule 1 – Dictionary.
(2)          being exposed to second-hand smoke:
(a)          for at least 10,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if exposure to second-hand smoke has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: being exposed to second-hand smoke is defined in the Schedule 1 – Dictionary.
(3)          having smoked cannabis:
(a)          in an amount of at least 10 joint-years before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if smoking has ceased before the clinical onset of chronic obstructive pulmonary disease, then that onset occurred within 20 years of cessation;
Note: joint-years of cannabis is defined in the Schedule 1 – Dictionary.
(4)          inhaling smoke from the combustion of polluting fuels in an enclosed space:
(a)          for a cumulative period of at least 5,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if that exposure has ceased, the clinical onset of chronic obstructive pulmonary disease has occurred within 20 years of cessation;
Note: polluting fuels is defined in the Schedule 1 – Dictionary.
(5)          inhaling a respiratory tract irritant from the specified list of respiratory tract irritants resulting in:
(a)          signs and symptoms of severe acute lower respiratory damage requiring medical attention within 48 hours after exposure; and
(b)          the persistence of respiratory symptoms and signs for at least one week after exposure, within the 10 years before the clinical onset of chronic obstructive pulmonary disease;
Note: specified list of respiratory tract irritants is defined in the Schedule 1 – Dictionary.
(6)          inhaling vapour, gas, or fumes of a substance from the specified list of substances in an enclosed space:
(a)          for a cumulative period of at least 10,000 hours before the clinical onset of chronic obstructive pulmonary disease; and
(b)          if that exposure has ceased, the clinical onset of chronic obstructive pulmonary disease has occurred within 20 years of cessation;
Note: specified list of substances is defined in the Schedule 1 – Dictionary.
(7)          inhaling vapour, gas, or fumes of