Commonwealth legislation

Amendment Statement of Principles concerning aplastic anaemia No. 32 of 2016

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

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4/10 complexity

This instrument tightens the medical criteria for linking aplastic anaemia to service by specifying benzene exposure thresholds veterans must meet: skin/swallow contact with liquids >5% benzene, inhalation averaging >5 ppm over 8 hours, and exposure on at least 45 separate days in the six months before diagnosis.

It affects current and former military personnel claiming under the Veterans' Entitlements Act or Military Rehabilitation and Compensation Act, clarifying that only significant, prolonged benzene exposure—not casual contact—will establish service-relatedness.

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Amendment Statement of Principles concerning aplastic anaemia No. 32 of 2016

RMA-Red

Amendment Statement of Principles

concerning

APLASTIC ANAEMIA

No. 32 of 2016

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

This Instrument may be cited as Amendment Statement of Principles concerning aplastic anaemia No. 32 of 2016.
The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning aplastic anaemia Instrument No. 51 of 2012, by:

(A) Replacing existing factor "(e)" in clause 6 as follows:

"(e) being exposed to benzene as specified on at least 45 days within the six months before the clinical onset of aplastic anaemia; or"; and

(B) Replacing the definition of "being exposed to benzene" in clause 9 with the definition of "being exposed to benzene as specified" as follows:

'"being exposed to benzene as specified" means:

(a) having cutaneous contact with liquids containing benzene greater than 5% by volume; or
(b) ingesting liquids containing benzene greater than 5% by volume; or
(c) inhaling benzene vapour where such exposure occurs at an ambient 8-hour time-weighted average benzene concentration exceeding five parts per million;'.

3. The amendments made by this instrument apply to all matters to which Instrument No. 51 of 2012, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.

The amendments made by this instrument take effect from 4 April 2016.

Dated this fourth day of March 2016

View image in the official sourceThe Common Seal of the )

Repatriation Medical Authority )

was affixed at the direction of: )

PROFESSOR NICHOLAS SAUNDERS AO

CHAIRPERSON

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Amendment Statement of Principles concerning aplastic anaemia No. 32 of 2016