No, it’s not OK for the government to use your prescription details to recruit you for a study
Legal experts weigh in on the research ethics issue sparking debate. When pursuing information for big data projects, the risks to individual autonomy and privacy are easily overlooked (01 August 2019). More...
Strengthening Australia’s counter-terrorism laws
The Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019, will make it harder for high risk terrorist offenders to get out of jail – even when they have served their full sentence – by closing a loophole which prevented some from being served with continuing detention orders (CDOs)(01 August 2019). More...
How councils are future-proofing themselves against shrinking regional media
Locals and journalists are the two main casualties that come up in conversations around regional media closures, but what about the councils which rely on local titles to get their messages out into the community (01 August 2019). More...
Australia appoints first-ever independent examiner to investigate corporate human rights abuses overseas
The Human Rights Law Centre welcomes the Federal Government’s appointment of Mr John Southalan as the first-ever Australian independent examiner charged with investigating reported instances of corporate misconduct by Australian multinationals (31 July 2019). More...
Treasurer, Liberal MP face High Court challenges over election
Oliver Yates, has lodged a case, arguing that Mr Frydenberg’s election should be declared void because of the Liberals’ misleading and deceptive conduct. Those proceedings are brought under section 362 of the Commonwealth Electoral Act 1918, claiming the results in Kooyong and Chisholm were affected by illegal conduct from the Liberal Party on the day of the election (31 July 2019). More...
Consumer watchdog calls for new measures to combat Facebook and Google’s digital dominance
New security guide for MoG changes
The Australian Cyber Security Centre (ACSC) has developed a new publication to assist Agencies and businesses going through Machinery of Government (MoG) or other changes to manage the increased cyber security risks the changes bring (29 July 2019). More...
Body worn camera boost for police
Commissioner Carroll said body worn cameras used by police officers were vital policing tools as they provided an impartial record of events and interactions. The clarity of real time footage can not only facilitate a quicker resolution to criminal investigations but also provides police officers and the public with confidence that evidence is being recorded without prejudice (26 July 2019). More...
Evaluation of measures to tackle alcohol-fuelled violence
A comprehensive, two-year evaluation has vindicated the Palaszczuk Government’s moves to address alcohol-fuelled violence, Attorney-General and Minister for Justice Yvette D’Ath said today (26 July 2019). More...
ACMA welcomes ACCC’s Digital Platforms Inquiry final report
The ACMA welcomes the Government’s acceptance of the ACCC’s conclusion that there is a need for reform and in particular, the development of a harmonised media regulatory framework (26 July 2019). More...
OAIC welcomes privacy law update to protect Australians’ personal information
The national privacy regulator today welcomed the Australian Government’s recognition that privacy laws must be strengthened to ensure they are fit for purpose in the digital age (26 July 2019). More...
Protocol to provide balanced framework for Legal Professional Privilege claims
A new protocol dealing with legal professional privilege (LPP) being developed by the Law Council of Australia and the Australian Tax Office will help avoid unnecessary and protracted disputes over claims of LLP (26 July 2019). More...
Passing of TEO Bill sets dangerous precedent, undermines PJCIS
The Law Council of Australia is disappointed the Federal Government’s Temporary Exclusion Orders (TEO) Bill has passed the Senate, reiterating concerns about its constitutional validity. Providing ASIO with the power to secretly and immediately detain persons whether or not they are suspected of terrorism-related activities is a clear overreach (25 July 2019). More...
OAIC: FTC fine and privacy requirements for Facebook
The $US5 billion penalty against Facebook announced by the US Federal Trade Commission is a globally significant order that demonstrates the concerns of privacy regulators around the world (25 July 2019). More...
Palaszczuk Government releases Youth Justice Strategy Action Plan
The Palaszczuk Government has released its Youth Justice Strategy Action Plan, which outlines the actions being taken across the whole of government to implement Queensland’s first ever Youth Justice Strategy, released in December 2018 (25 July 2019). More...
‘Put national security above politics’: TEO Bill must go back to PJCIS to ensure effectiveness, constitutionality
The Law Council of Australia is urging the Senate to put national security above politics and refer the Temporary Exclusion Order (TEO) Bill back to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for further review, to ensure it is not subject to constitutional challenge (24 July 2019). More...
Have your say on the response to data breaches
The Department of Communities and Justice is inviting feedback on how NSW public sector agencies respond to privacy breaches and manage personal information. In NSW, the Privacy and Personal Information Protection Act 1998 (NSW) governs how public sector agencies manage personal information (25 July 2019). More...
Fall-out from Setka affair could give Coalition easier passage of union bill
One of the Coalition government’s first priorities in the new parliament is the passage of its Ensuring Integrity Bill, aimed at tightening regulations on unions and union officials. The bill would give the minister for industrial relations, as well as the Registered Organisations Commission and any party deemed to have “sufficient interest”, the power to apply to the Federal Court to deregister a union (24 July 2019). More...
VLRC calls for submissions for review of committals
The Commission has been asked by the state government to determine whether the process can be made more efficient, while reducing the trauma to victims of crime and ensuring fair trial rights. Options under consideration include reforming the process or abolishing committals completely (24 July 2019). More...
New CTH Bill to Create Offences For Activists Who Incite Trespass, Damage, Or Theft Against Farmers
The Criminal Code Amendment (Agricultural Protection) Bill 2019 (CTH) was introduced to the House of Representatives by Attorney-General, Christian Porter. The Bill aims to deter individuals from sharing personal information of farmers to incite offences against them. Under the Bill, it would be illegal for groups and individuals to promote such events online on any carriage service (23 July 2019). More...
QAO Advice: New guidelines for contract disclosure and for using and disclosing confidentiality provisions
The Office of the Chief Advisor—Procurement has published new guidelines for disclosing government-awarded contracts, and for using and disclosing confidentiality provisions (22 July 2019). More...
Racing Integrity Reforms – Review of the Racing Integrity Act 2016 - Have your say on the review of implementation issues associated with the Racing Integrity Act. Closes 19 August 2019.
OIC Qld: New guideline: Data Analytics
The use of data analytics is becoming increasingly more common across Queensland government agencies. It can assist agencies to extract new insights from existing datasets, by analysing various patterns, relations and connections. OIC’s new guideline on Data Analytics will assist agencies in identifying the privacy challenges when wanting to use analytics on data that includes personal information (29 July 2019)
CCC Current Investigations
Man charged with official corruption – 26 July 2019
A 62-year-old Morayfield man was charged by the Crime and Corruption Commission (CCC) with one count of official corruption.
Further charges in Palm Island council investigation - 25 July 2019
A 47-year-old man has been charged by the CCC with fraud offences as a result of an ongoing corruption investigation into Palm Island Aboriginal Shire Council.
CCC Council records: a guideline for mayors, councillors, CEOs and government employees (PDF)
This joint corruption prevention advisory from the Crime and Corruption Commission and Queensland State Archives sets out the requirements for the management of council records. More...
Update: Queensland Sentencing Advisory Council: Intermediate sentencing options and parole
The due date for the final report was extended by three months, by letter from the Attorney-General and Minister for Justice, and Leader of the House, to 31 July 2019. Read the Terms of Reference.
Online fraud victimisation in Australia: risks and protective factors
Catherine Emami, Russell G. Smith, Penny Jorna: Australian Institute of Criminology: 31 July 2019
To gain a better understanding of online consumer fraud, the AIC worked with the ACCC to compare a matched sample of victims and non-victims. This study aimed to identify and quantify the factors that make some individuals more vulnerable to consumer fraud than others. The findings offer policymakers opportunities to better target fraud prevention and education initiatives. More...
The effective and ethical development of Artificial Intelligence: an opportunity to improve our wellbeing
Toby Walsh, Neil Levy, Genevieve Bell, Anthony Elliott, James Maclaurin, Iven Mareels, Fiona Woods Australian Council of Learned Academies (ACOLA): 30 July 2019
Placing society at the core of Artificial Intelligence (AI) development, this report analyses the opportunities, challenges and prospects that AI technologies present, and explores considerations such as workforce, education, human rights and our regulatory environment. More...
Digital Platforms Inquiry: final report
Australian Competition and Consumer Commission: 26 July 2019
The dominance of the leading digital platforms and their impact across Australia’s economy, media and society must be addressed with significant and holistic reform, according to this final report of the ACCC’s Digital Platforms Inquiry. More...
Data is a development issue
Susan Ariel Aaronson; Centre for International Governance Innovation: 24 July 2019
This paper uses a wide range of metrics to show that most developing and middle-income countries are not ready or able to provide an environment where their citizens’ personal data is protected and where public data is open and readily accessible. More...
Evidence-based policing: a survey of police attitudes
Adrian Cherney, et al: Australian Institute of Criminology: 23 July 2019
Evidence-based policing (EBP) advocates the use of scientific processes in police decision-making. This paper examines results from a survey of officers in the Queensland Police Service and the Western Australia Police on the uptake of and receptiveness towards EBP research. More...
Party leadership changes and challenges: a quick guide
Parliament of Australia: 29 July 2019
This quick guide outlines the current rules relating to the election of leaders for the four largest federal parliamentary parties: the Liberal Party (LIB), the Nationals (NATS), the Australian Labor Party (ALP) and the Australian Greens (AG). Appendices provide prime ministerial changes since 2007 together with a list of the changes and challenges to leaders of the Liberal Party, the Nationals, and the ALP. More...
Binqld Finances Pty Ltd (In Liq) v Israel Discount Bank Limited; In the Matter of Binqld Finances Pty Ltd (In Liq)  FCA 1186
TAXATION – Meaning of “protected information” in s 355-30 of Sch 1 to the Taxation Administration Act 1953 (Cth) – whether information in a settlement deed with the Australia Taxation Office is “protected information” – whether disclosure of information would be an offence under s 355-155 of Sch 1 to the Taxation Administration Act 1953 (Cth) – whether the exceptions in s 355-175 and/or s 355-205 of Sch 1 to the Taxation Administration Act 1953 (Cth) engaged or applicable – whether disclosure of “protected information” “necessary” to give effect to a provision of taxation law – whether entire deed “protected information” – whether disclosure of non-protected information in an ATO settlement deed would contravene s 355-155 of Sch 1 to the Taxation Administration Act 1953 (Cth)
PRACTICE AND PROCEDURE – Application for suppression orders in relation to a settlement deed – whether power under s 37AF of the Federal Court of Australia Act 1976 (Cth) should be exercised – whether sufficient grounds established under s 37AG(1) of the Federal Court of Australia Act 1976 (Cth) – whether grounds specified in accordance with s 37AG(2) of the Federal Court of Australia Act 1976 (Cth) – whether necessary to prevent prejudice to the proper administration of justice – whether the risk of exposure to cross-claims a sufficient reason to suppress – whether disclosure of personal information a sufficient reason to suppress
'QZ' and Australian Criminal Intelligence Commission (Freedom of information)  AICmr 57
Freedom of Information — Whether reasonable steps taken to locate documents — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 24A and 47E(c)
Self Care Corporation Pty Limited and Department of Health (Freedom of information)  AICmr 56
Freedom of Information — Access Grant — Whether documents contain commercially valuable information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47(1)(b) and 47G(1)(a)
Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science  FCAFC 122
STATUTES – Customs Act 1901 (Cth) – Part XVB– ferrous grinding balls exported from the People’s Republic of China to Australia – judicial review of anti-dumping measures
STATUTES – Customs (International Obligations) Regulation 2015 (Cth) – normal price of goods – ordinary course of trade – determination of profit – determination of cost of production or manufacture – determination of administrative, selling and general costs
ADMINISTRATIVE LAW – whether reviewable error in substituting a higher benchmark price from Latin America to determine cost of production in the People’s Republic of China but not substituting the higher benchmark price to determine the relevant profit – whether legally erroneous to calculate amount of profit by employing a profit margin expressed as a percentage – whether all of the comparative advantages and disadvantages between the respective markets were mandatory relevant considerations, irrespective of submissions made by interested parties
Nursing and Midwifery Board of Australia v HSK  QCA 144
ADMINISTRATIVE LAW – JUDICIAL REVIEW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the appellant appeals two separate decisions of the Queensland Civil and Administrative Tribunal – where both decisions were made in the course of a single proceeding in which the respondent, a registered nurse, sought an administrative review of a decision of the appellant to impose conditions on the respondent’s registration on the grounds that the respondent had an impairment within the definition of the Health Practitioner Regulation National Law 2009 – whether the Tribunal erred in law in holding that there was no power, in the course of determining the administrative review, to direct that the respondent to undergo a further health assessment.
Jones v State Coroner & Anor  QSC 175
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – EXTENSION OF TIME – where there is a delay of some six to seven years between the applicant becoming aware of the decisions and the applicant seeking judicial review of the decisions – whether the application for judicial review was made within a reasonable time pursuant to section 26(3) of the Judicial Review Act 1991 (Qld)
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – APPLICATION FOR JUDICIAL REVIEW – where an inquiry into a missing person was held under the Coroners Act 1958 (Qld) – where the second respondent directed the first respondent to reopen the inquest – where the inquest was reopened under the Coroners Act 1958 (Qld) – where the applicant seeks judicial review of the decision of the second respondent to direct the reopening of the inquest under the Coroners Act 1958 (Qld) – where the applicant seeks judicial review of the decision of the first respondent to reopen the inquest under the Coroners Act 1958 (Qld) – whether the inquest should have been reopened under the Coroners Act 1958 (Qld) or the Coroners Act 2003 (Qld)
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION –
Scriven v Queensland Rural and Industry Development Authority  QSC 176
PRIMARY INDUSTRY – GENERALLY – FARM DEBT MEDIATION – ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – DELEGATION OF POWER – whether the respondent’s decision makers were required to be accredited mediators under the Farm Debt Mediation Act 2017 (Qld) – whether the Farm Debt Mediation Act 2017 (Qld) allowed for the chief executive officer to delegate the reviewing of an original determination
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE –ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IMPROPER PURPOSES – where the respondent must, under section 52 of the Farm Debt Mediation Act 2017 (Qld), decide, inter alia, to approve or refuse an application for an exemption certificate – whether the respondent’s reference to the liability account as “anomalous accounting records” in the decision/s constituted an exercise by the respondent of its section 52 power for a purpose other than for which conferred
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant requested financial records and documents from the Rural Bank Ltd, namely the liability account – whether the respondent erred in its determination that the Rural Bank Ltd complied with section 21 of the Farm Debt Mediation Act 2017 (Qld) despite the non-provision of the liability account – whether the respondent erred in its determination that the Rural Bank Ltd acted in good faithADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – BIAS – GENERALLY – where the applicant contends that the respondent placed considerable weight on the Rural Bank Ltd’s contentions that the liability account either does not or may not exist and contends that any such statements were fraudulent and infected the respondent’s decision – whether fraud infected the respondent’s decision/s – whether the respondent was biased towards the applicant on different grounds
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – FAILURE TO CONSIDER – where the respondent approved an exemption certificate under section 52 of the Farm Debt Mediation Act 2017 (Qld) – whether the respondent failed to take into account the applicant’s arguments as to the existence of a liability account
ADMINISTRATIVE LAW – PROCEDURE AND PRACTICE – EVIDENCE – where the applicant seeks to adduce material not provided to the original decision maker – where the applicant objects to the respondent’s submissions which provide preliminary background of the matter
Acts Interpretation Act 1954 Qld s 27A; Farm Business Debt Mediation Act 2017 Qld ss 3, 5, 7, 14A, 20, 21, 22, 32, 33, 38, 48, 49, 50, 51, 52, 81, 83; Judicial Review Act 1991 Qld sss 4, 20(2), 23
KDV Sport Pty Ltd v Muggeridge Constructions Pty Ltd & Ors  QSC 178
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant and first respondent entered into a contract in relation to the construction of student accommodation – where the first respondent served a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) on the applicant for construction work done by the first respondent – where the applicant contended the payment claim was invalid but otherwise proposed in response to the payment claim to pay nil – where the first respondent applied for adjudication pursuant to s 21 of the Payments Act – whether the adjudicator’s decision was void for jurisdictional error because the first respondent did not provide a valid payment claim within the meaning of the Payments Act – whether the payment claim identified the construction work to which the claim related in order to satisfy the requirements in s 17(2) of the Payments Act Building and Construction Industry Payments Act 2004 Qld s 17
Valuer-General v Eastcote Pty Ltd as Tte  QLAC 3
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – PARTICULAR CASES INVOLVING ERROR OF LAW – DENIAL OF NATURAL JUSTICE – where the Member at first instance warned the parties’ expert valuers repeatedly about their conduct in giving evidence – where the Member concluded that the appellant’s valuer was not impartial and rejected his evidence – whether the Member erred in failing to give the appellant notice of his Honour’s intention to reject its valuer’s evidence – where procedural fairness required the Member to give such notice
Bruder Expedition Pty Ltd v Leigh  QDC 116
DEFAMATION – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – where respondent was administrator of Facebook group – where respondent made publications about applicant company on Facebook page – where applicant seeks injunction to remove existing posts and restrain respondent from making further posts - whether prima facie case made out – whether balance of convenience is made out in favour of granting of injunction
Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019
31/07/2019 - Act No. 54 of 2019
Counter-Terrorism (Temporary Exclusion Orders) Act 2019
31/07/2019 - Act No. 53 of 2019
Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019
Finally passed both Houses 01 August 2019 - Amends the Australian Security Intelligence Organisation Act 1979 to extend the operation of the Australian Security Intelligence Organisation’s questioning and detention powers for a further 12 months to 7 September 2020
Treasury Laws Amendment (Consumer Data Right) Bill 2019
Finally passed both Houses 01 August 2019 - Amends the Competition and Consumer Act 2010, Australian Information Commissioner Act 2010 and Privacy Act 1988 to create the Consumer Data Right to provide individuals and businesses with a right to access specified data in relation to them held by businesses
Criminal Code Amendment (Agricultural Protection) Bill 2019
House of Representatives Third reading agreed to 01 August 2019 - Amends the Criminal Code Act 1995 to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land. The Bill contains exemptions for journalists and those who are making lawful disclosures of information, including whistleblowers
Identity-matching Services Bill 2019
HR Second reading moved 31 Jul 2019 - The Bill willl facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services (IGA)
Australian Passports Amendment (Identity-matching Services) Bill 2019
HR Second reading moved 31 Jul 2019 - This Bill amends the Australian Passports Act 2005 (Passports Act) to provide a legal basis for ensuring that the Minister is able to make Australian travel document data available for all the purposes of, and by the automated means intrinsic to, the identity-matching services to which the Commonwealth and the States and Territories agreed in the Intergovernmental Agreement on Identity Matching Services (IGA)
Royal Commissions Amendment (Private Sessions) Bill 2019
Senate Second reading moved 31 Jul 2019 - Amends the: Royal Commission Act 1902 to: enable a Royal Commission to hold private sessions where a regulation is made authorising it to do so; enable the Chair of a multi-member Royal Commission, or a sole Commissioner, to authorise Assistant Commissioners to hold private sessions; and impose limits on the use and disclosure of private session information and certain information given to the Child Sexual Abuse Royal Commission; and Freedom of Information Act 1982 to make consequential amendments.
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019
Senate Second reading moved 31 Jul 2019. Amendments include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations; establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation; allow the Federal Court to disqualify officials from holding office in certain circumstances or if they are otherwise not a fit and proper person; allow the Federal Court to cancel the registration of an organisation on a range of grounds
Landholders’ Right to Refuse (Gas and Coal) Bill 2015
Senate Restored to Notice Paper 31 Jul 2019. The bill: provides that Australian landholders have the right to refuse the undertaking of gas and coal mining activities by corporations on their land without prior written authorisation; sets out the requirements of a prior written authorisation; provides for relief which a court may grant a land owner when prior written authorisation is not provided; prohibits hydraulic fracturing for coal seam gas, shale gas and tight gas by corporations; and provides for civil penalties.
Human Rights (Parliamentary Scrutiny) Amendment (Australian Freedoms) Bill 2019
Senate Second reading moved 23 Jul 2019 - Amends the Human Rights (Parliamentary Scrutiny) Act 2011 to: include a definition of 'Australian freedoms'; require the Parliamentary Joint Committee on Human Rights to explicitly consider 'Australian freedoms' in its examinations of legislation; and require statements of compatibility for bills and disallowable legislative instruments to provide certain information in relation to 'Australian freedoms'.
Counter-Terrorism (Temporary Exclusion Orders) Bill 2019
Finally passed both Houses: 25 Jul 2019 Assent Act no: 53 Year: 2019 30 July 2019
Introduces a temporary exclusion order scheme to delay Australians of counter-terrorism interest from re‑entering Australia until appropriate protections are in place
Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019
Finally passed both Houses: 25 Jul 2019 Assent Act no: 54 Year: 2019 30 July 2019
Introduces a temporary exclusion orders scheme to delay Australians of counter-terrorism interest from re-entering Australia until appropriate protections are in place.
Defence Determination, Conditions of service Amendment (Approved forms and privacy) Determination 2019 (No. 21)
29/07/2019 - This determination amends the Defence Determination 2016/19, Conditions of service to remove elements that are of a non-legislative nature such as examples, non-examples, cross-reference notes, see notes and forms, to remove any specific reference to a form number or name and replace it with the defined term 'approved form' and to put beyond doubt Defence's right to collect, use or disclose personal information in the administration of member benefits.
Subordinate legislation as made - 26 July
State Building Protective Security Amendment Regulation 2019
No 142 The Regulation amends the State Buildings Protective Security Regulation 2008 (Qld) so that the Queensland Cultural Centre and the Legal Aid Queensland offices are declared to be state buildings until 31 August 2020. Protective Services security officers can continue to exercise certain powers so that the appropriate level of security may be provided for these areas.
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