Federal Register of Legislation - Australian Government

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No. 89 of 2019 Determinations/Veterans' Entitlements as made
This instrument amends the Statement of Principles concerning hypertension No. 63 of 2013.
Administered by: Veterans' Affairs
Registered 26 Aug 2019
Tabling HistoryDate
Tabled HR09-Sep-2019
Tabled Senate09-Sep-2019
To be repealed 15 Nov 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

 

Amendment Statement of Principles

concerning

 

HYPERTENSION

No. 89 of 2019

 

for the purposes of the

 

Veterans' Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1.                       This Instrument may be cited as Amendment Statement of Principles concerning hypertension No. 89 of 2019.

2.                       The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans' Entitlements Act 1986, Statement of Principles concerning  hypertension Instrument No. 63 of 2013 (Federal Register of Legislation No. F2013L01652) by:

(A)        Amending paragraph 6 by inserting new factors (pa), (pb), (ffa) and (ffb) as follows:

"(pa)    inhaling, ingesting or having cutaneous contact with a phenoxy acid herbicide from the specified list:

(i)                 for a cumulative period of at least 1 000 hours within a consecutive period of ten years, before the clinical onset of hypertension; and

(ii)               where the first exposure occurred at least five years before the clinical onset of hypertension; and

(iii)             where that exposure has ceased, the clinical onset of hypertension has occurred within 25 years of cessation; or";

"(pb)    inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD):

(i)                 for a cumulative period of at least 1 000 hours within a consecutive period of ten years, before the clinical onset of hypertension; and

(ii)               where the first exposure occurred at least five years before the clinical onset of hypertension; and

(iii)             where that exposure has ceased, the clinical onset of hypertension has occurred within 25 years of cessation; or";

"(ffa)   inhaling, ingesting or having cutaneous contact with a phenoxy acid herbicide from the specified list:

(i)                 for a cumulative period of at least 1 000 hours within a consecutive period of ten years, before the clinical worsening of hypertension; and

(ii)               where the first exposure occurred at least five years before the clinical worsening of hypertension; and

(iii)             where that exposure has ceased, the clinical worsening of hypertension has occurred within 25 years of cessation; or";

"(ffb)   inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD):

(i)                 for a cumulative period of at least 1 000 hours within a consecutive period of ten years, before the clinical worsening of hypertension; and

(ii)               where the first exposure occurred at least five years before the clinical worsening of hypertension; and

(iii)             where that exposure has ceased, the clinical worsening of hypertension has occurred within 25 years of cessation; or"; and

(B)         Amending paragraph 7 by inserting the words, "including paragraphs 6(ffa) and 6(ffb)", after the phrase, "Paragraphs 6(q) to 6(gg)"; and

(C)         Amending paragraph 9 by inserting in alphabetical order the following definitions:

'"inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)" means:

(a)               decanting or spraying;

(b)               cleaning or maintaining equipment used to apply;

(c)               being sprayed with;

(d)              handling or sawing timber treated with;

(e)               being in an environment shrouded in dust from timber treated with; or

(f)                using cutting oils contaminated with;

one of the following chemicals:

(i)                 2,4,5-trichlorophenoxyacetic acid;

(ii)               2,4,5-trichlorophenoxypropionic acid;

(iii)             2,4,5-trichlorophenol;

(iv)             2-(2,4,5-trichlorophenoxy)-ethyl 2,2-dichloropropionionate;

(v)               o,o-dimethyl-o-(2,4,5-trichlorophenyl)-phosphorothioate;

(vi)             pentachlorophenol;

(vii)           2,3,4,6-tetrachlorophenol;

(viii)         2,4,6-trichlorophenol;

(ix)             1,3,5-trichloro-2-(4-nitrophenoxy)benzene;

(x)               2,4-dichloro-1-(4-nitrophenoxy)benzene; or

(xi)             2,4-dichloro-1-(3-methoxy-4-nitrophenoxy)-benzene;';

and

'"phenoxy acid herbicide from the specified list" means:

(a)               2,4-dichlorophenoxyacetic acid (2,4-D); or

(b)               2,4,5-trichlorophenoxyacetic acid (2,4,5-T);'.

 

3.                       The amendments made by this instrument commence on 23 September 2019.

Dated              23 August 2019

The Common Seal of the              )

Repatriation Medical Authority    )

was affixed to this instrument      )

at the direction of:                              )

 

PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON