Federal Register of Legislation - Australian Government

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No. 19 of 2010 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning malignant neoplasm of the small intestine.
Administered by: Veterans' Affairs
Registered 10 Mar 2010
Tabling HistoryDate
Tabled HR11-Mar-2010
Tabled Senate11-Mar-2010
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

Amendment Statement of Principles

concerning

 

MALIGNANT NEOPLASM OF THE SMALL INTESTINE

No. 19 of 2010

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

1.                    This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the small intestine No. 19 of 2010.

 

2.                    In accordance with the Specialist Medical Review Council Declaration No. 12 of 29 June 2009 under subsection 196W(4) of the Veterans’ Entitlements Act 1986 (the VEA), the Repatriation Medical Authority amends, pursuant to subsection 196B(10) of the VEA, Statement of Principles concerning malignant neoplasm of the small intestine Instrument No. 40 of 2004 by:

 

(A)             Inserting additional factors "(da)", "(db), "(dc)" and "(dd)" immediately following factor "(d)" in clause 5 as follows:

 

"(da)         consuming at least 300 grams per week of specified food for at least 20 years, before the clinical onset of malignant neoplasm of the small intestine; or

(db)          for carcinoma of the first part of the duodenum only, being infected with Helicobacter pylori for at least 10 years, before the clinical onset of malignant neoplasm of the small intestine; or

(dc)          drinking at least 25 grams per day of alcohol from beer or spirits for at least 20 years, before the clinical onset of malignant neoplasm of the small intestine; or

(dd)          for males only, being obese for at least 10 years before the clinical onset of malignant neoplasm of the small intestine; or" and

 

(B)             Inserting additional definitions for "alcohol", "being obese" and "food as specified" in clause 8 as follows:

 

'"alcohol" is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;'

 

'"being obese" means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

The BMI = W/H2 and where:

W is the person’s weight in kilograms and

H is the person’s height in metres;'

 

'"specified food" means salt-cured or smoked food; or meat or fish which has been fried, barbecued, salt-cured or smoked;'

 

3.                    The amendment made by this instrument applies to all matters to which Instrument No. 40 of 2004, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.

 

4.                    The amendments made by this instrument take effect from 19 August 2009.

 

Dated this       first         day of              March         2010

 

The Common Seal of the                  )

Repatriation Medical Authority       )

was affixed to this instrument          )

in the presence of                              )

KEN DONALD

CHAIRPERSON