Federal Register of Legislation - Australian Government

Primary content

No. 78 of 2012 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning malignant neoplasm of the prostate.
Administered by: Veterans' Affairs
Registered 25 Oct 2012
Tabling HistoryDate
Tabled HR29-Oct-2012
Tabled Senate29-Oct-2012
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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 PROSTATE

No. 78 of 2012

 

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 prostate No. 78 of 2012.

2.                     In accordance with the Specialist Medical Review Council Declaration No. 17 of 29 August 2012 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 prostate Instrument No. 29 of 2005 by:

(A)        Inserting additional factor "(aa)" immediately following factor "(a)" in clause 5 as follows:

"(aa)         smoking at least 40 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of malignant neoplasm of the prostate, and where smoking has ceased, the clinical worsening has occurred within ten years of cessation; or";

(B)         Replacing "Paragraph 5(b) applies" in clause 6 with "Paragraphs 5(aa) and 5(b) apply"; and

(C)         Inserting a definition for "pack-years of cigarettes, or the equivalent thereof in other tobacco products" in clause 8 as follows:

'"pack-years of cigarettes, or the equivalent thereof in other tobacco products" means a calculation of consumption where one pack-year of cigarettes equals 20 tailor-made cigarettes per day for a period of one calendar year, or 7300 cigarettes.  One tailor-made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack-year of tailor-made cigarettes equates to 7.3 kilograms of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars, smoked alone or in any combination;'.

3.                     The amendment made by this instrument applies to all matters to which Instrument No. 29 of 2005, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.

4.                     The amendment made by this instrument takes effect from 29 August 2012.

Dated this    twenty-second   day of   October   2012

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed to this instrument                        )

in the presence of:                               )

PROFESSOR NICHOLAS SAUNDERS AO

CHAIRPERSON