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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Jobs and Skills Australia Amendment
Bill 2023
No. , 2023
(Employment and Workplace Relations)
A Bill for an Act to amend the Jobs and Skills
Australia Act 2022, and for related purposes
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Jobs and Skills Australia Act 2022
3
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
1
A Bill for an Act to amend the Jobs and Skills
1
Australia Act 2022, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Jobs and Skills Australia Amendment Act 2023
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
3
Schedule 1--Amendments
1
2
Jobs and Skills Australia Act 2022
3
1 Section 3
4
Omit "such as the role of the JSA Director and administrative matters",
5
substitute "such as the establishment of the JSA Commissioner, JSA
6
Deputy Commissioners and Ministerial Advisory Board".
7
2 Section 4 (after the heading)
8
Insert:
9
In this Act:
10
3 Section 4
11
Insert:
12
Chair
means the Chair of the Ministerial Advisory Board.
13
Commissioner
means the JSA Commissioner or a JSA Deputy
14
Commissioner.
15
JSA Commissioner
means the Jobs and Skills Australia
16
Commissioner.
17
JSA Deputy Commissioner
means a Jobs and Skills Australia
18
Deputy Commissioner.
19
4 Section 4 (definition of JSA Director)
20
Repeal the definition.
21
5 Section 4
22
Insert:
23
Ministerial Advisory Board
means the Ministerial Advisory Board
24
established under section 16A.
25
6 At the end of section 5
26
Add:
27
Schedule 1
Amendments
4
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
; and (c) to consult broadly on the performance of its functions.
1
7 Section 7
2
Repeal the section, substitute:
3
7 Composition
4
Jobs and Skills Australia consists of the following:
5
(a) the JSA Commissioner;
6
(b) the JSA Deputy Commissioners;
7
(c) staff made available to assist the JSA Commissioner under
8
sections 14 and 15.
9
8 Section 8 (note)
10
Repeal the note, substitute:
11
Note:
This means the JSA Commissioner, JSA Deputy Commissioners and
12
the staff assisting the JSA Commissioner are officials of the
13
Department for the purposes of the
Public Governance, Performance
14
and Accountability Act 2013
.
15
9 Subsection 9(1)
16
Omit "(1)".
17
10 Subparagraph 9(1)(a)(ii)
18
After "apprenticeships", insert ", VET and higher education".
19
11 Subparagraphs 9(1)(a)(iv) and (vi)
20
Repeal the subparagraphs.
21
12 At the end of paragraph 9(1)(a)
22
Add:
23
(viii) the impact of workplace arrangements, including
24
insecure work, on economic and social outcomes;
25
13 After paragraph 9(1)(c)
26
Insert:
27
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
5
(ca) to identify labour market imbalances and analyse the demand
1
and supply of skills;
2
(cb) to analyse skills needs and workforce needs, including in
3
regional, rural and remote Australia, and in relation to
4
migration;
5
(cc) to undertake studies, including on opportunities to improve
6
employment, VET and higher education outcomes for
7
cohorts of individuals that have historically experienced
8
labour market disadvantage and exclusion;
9
(cd) to contribute to industry consultation forums;
10
14 Subsections 9(2) to (4)
11
Repeal the subsections.
12
15 At the end of Part 2
13
Add:
14
10A JSA Commissioner must prepare annual work plan
15
(1) The JSA Commissioner must prepare a work plan, in writing, for
16
each financial year beginning on or after 1 July 2023.
17
(2) The work plan for a financial year must set out the key outcomes
18
and priorities for the JSA Commissioner for the financial year.
19
(3) In preparing a work plan for a financial year, the JSA
20
Commissioner:
21
(a) must consult with:
22
(i) the Minister; and
23
(ii) the Ministerial Advisory Board; and
24
(b) may consult with:
25
(i) any other Ministers; and
26
(ii) any other person that the JSA Commissioner considers
27
appropriate; and
28
(c) must invite public submissions.
29
(4) The JSA Commissioner must publish the work plan for a financial
30
year on the Jobs and Skills Australia website as soon as practicable
31
after it has been finalised.
32
Schedule 1
Amendments
6
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
(5) A work plan prepared under subsection (1) is not a legislative
1
instrument.
2
16 Part 3 (heading)
3
Omit "
JSA Director and staff assisting
", substitute "
JSA
4
Commissioner, JSA Deputy Commissioners, staff assisting and
5
Ministerial Advisory Board
".
6
17 Section 11
(paragraph beginning "This Part")
7
Repeal the paragraph, substitute:
8
This Part establishes the office of the JSA Commissioner and JSA
9
Deputy Commissioners and sets out the role and functions of the
10
JSA Commissioner and JSA Deputy Commissioners. This Part also
11
establishes the Ministerial Advisory Board and sets out the staff
12
assisting the JSA Commissioner.
13
18 Section 12 (heading)
14
Omit "
JSA Director
", substitute "
JSA Commissioner
".
15
19 Section 12
16
Omit "Jobs and Skills Australia Director", substitute "Jobs and Skills
17
Australia Commissioner".
18
20 Section 13 (heading)
19
Omit "
JSA Director
", substitute "
JSA Commissioner
".
20
21 Section 13
21
Omit "JSA Director" (wherever occurring), substitute "JSA
22
Commissioner".
23
22 After section 13
24
Insert:
25
13A JSA Deputy Commissioners
26
There are to be up to 2 Jobs and Skills Australia Deputy
27
Commissioners.
28
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
7
13B Functions of a JSA Deputy Commissioner
1
(1) The functions of a JSA Deputy Commissioner are:
2
(a) to assist the JSA Commissioner in performing the JSA
3
Commissioner's functions; and
4
(b) any other function conferred on the JSA Deputy
5
Commissioner by the rules, this Act or any other law of the
6
Commonwealth; and
7
(c) to do anything incidental or conducive to the performance of
8
any of the above functions.
9
(2) In performing those functions, a JSA Deputy Commissioner must
10
comply with any directions of the JSA Commissioner.
11
(3) A direction under subsection (2) is not a legislative instrument.
12
23 Subsection 14(1)
13
Repeal the subsection, substitute:
14
(1) The staff assisting the JSA Commissioner are to be APS employees
15
in the Department whose services are made available to the JSA
16
Commissioner by the Secretary, in connection with the
17
performance of any of the JSA Commissioner's functions.
18
24 Subsection 14(2)
19
Omit "JSA Director" (wherever occurring), substitute "JSA
20
Commissioner".
21
25 Section 15 (heading)
22
Omit "
JSA Director
", substitute "
JSA Commissioner
".
23
26 Subsections 15(1) and (2)
24
Repeal the subsections, substitute:
25
(1) The JSA Commissioner may also be assisted by employees of
26
Agencies (within the meaning of the
Public Service Act 1999
)
27
whose services are made available to the JSA Commissioner in
28
connection with the performance of any of the JSA
29
Commissioner's functions.
30
Schedule 1
Amendments
8
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
(2) The JSA Commissioner may, on behalf of the Commonwealth,
1
make an arrangement with the appropriate authority or officer of:
2
(a) a State or Territory government; or
3
(b) a State or Territory government authority;
4
under which the government or authority makes officers or
5
employees available to the JSA Commissioner to perform services
6
in connection with the performance of any of the JSA
7
Commissioner's functions.
8
(3) An arrangement under subsection (2) may provide for the
9
Commonwealth to reimburse a State or Territory with respect to
10
the services of a person to whom the arrangement related.
11
(4) When performing services for the JSA Commissioner under this
12
section, a person is subject to the directions of the JSA
13
Commissioner.
14
27 Subsection 16(1)
15
Omit "JSA Director", substitute "JSA Commissioner".
16
28 Subsection 16(1)
17
Omit "JSA Director's", substitute "JSA Commissioner's".
18
29 Subsection 16(2)
19
Omit "JSA Director", substitute "JSA Commissioner".
20
30 After section 15
21
Insert:
22
15A Contractors
23
The JSA Commissioner may, on behalf of the Commonwealth,
24
engage persons under a written agreement to assist the JSA
25
Commissioner to perform or exercise the functions or powers of
26
the JSA Commissioner.
27
31 At the end of Part 3
28
Add:
29
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
9
16A Establishment and functions of the Ministerial Advisory Board
1
(1) The Minister must, within 12 months beginning on the
2
commencement of this section,
establish, in writing, a Ministerial
3
Advisory Board to advise:
4
(a) the Minister; and
5
(b) the JSA Commissioner;
6
in relation to the performance of the functions of Jobs and Skills
7
Australia.
8
(2) The Minister must determine in relation to the Ministerial
9
Advisory Board:
10
(a) the Ministerial Advisory Board's terms of reference; and
11
(b) the terms and conditions of appointment
of the members of
12
the Ministerial Advisory Board, other than the terms and
13
conditions provided for under this Part; and
14
(c) the procedures to be followed by the Ministerial Advisory
15
Board.
16
(3) In performing the JSA Commissioner's functions under this Part,
17
the Commissioner must have regard to any relevant advice given to
18
the JSA Commissioner by the Ministerial Advisory Board.
19
(4) Subsection (3) does not, by implication, limit the matters to which
20
the Commissioner may have regard.
21
16B Members of the Ministerial Advisory Board
22
(1) The Ministerial Advisory Board consists of the following
23
members:
24
(a) a Chair;
25
(b) 2 members representing the interests of the States and
26
Territories;
27
(c) 3 members representing employee organisations;
28
(d) 3 members representing employer organisations;
29
(e) not more than 4 other members.
30
(2) Each member of the Ministerial Advisory Board is to be appointed
31
by the Minister by written instrument, on a part-time basis.
32
Schedule 1
Amendments
10
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
(3) A member of the Ministerial Advisory Board holds office for the
1
period specified in the instrument of appointment. The period must
2
not exceed 3 years.
3
(4) A person is not eligible for appointment to the Ministerial
4
Advisory Board unless the Minister is satisfied that the person has:
5
(a) substantial experience or knowledge in at least one of the
6
following fields:
7
(i) VET;
8
(ii) higher education;
9
(iii) industry;
10
(iv) employment;
11
(v) industrial relations (including trade unions);
12
(vi) labour market analysis;
13
(vii) workforce planning;
14
(viii) economics;
15
(ix) governance;
16
(x) any other appropriate field of expertise; or
17
(b) lived experience of disadvantage in the labour market; or
18
(c) experience as a representative of people with lived
19
experience of disadvantage in the labour market.
20
(5) A member of the Ministerial Advisory Board is not an official of
21
the Department for the purposes of the
Public Governance,
22
Performance and Accountability Act 2013
.
23
(6) A member of the Ministerial Advisory Board must act in an
24
impartial and independent manner in relation to the giving of
25
advice to the Minister and the JSA Commissioner.
26
16C Remuneration of members of the Ministerial Advisory Board
27
(1) A member of the Ministerial Advisory Board is to be paid the
28
remuneration that is determined by the Remuneration Tribunal. If
29
no determination of that remuneration by the Tribunal is in
30
operation, the member is to be paid the remuneration that is
31
prescribed by the rules.
32
(2) However, a member of the Ministerial Advisory Board is not
33
entitled to be paid this remuneration if the member holds an office
34
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
11
or appointment, or is otherwise employed, on a full-time basis in
1
the service or employment of:
2
(a) a State; or
3
(b) a corporation (a
public statutory corporation
) established for
4
a public purpose by a State law, other than a tertiary
5
education institution; or
6
(c) a company limited by guarantee where the interests and
7
rights of the members in or in relation to the company are
8
beneficially owned by a State; or
9
(d) a company in which all the stock or shares are beneficially
10
owned by a State or by a public statutory corporation.
11
Note:
A similar rule applies to a member of the Ministerial Advisory Board
12
who has a similar relationship with the Commonwealth or a Territory:
13
see subsection 7(11) of the
Remuneration Tribunal Act 1973
.
14
(3) A member of the Ministerial Advisory Board is to be paid the
15
allowances that are prescribed by the rules.
16
(4) This section (except subsection (2)) has effect subject to the
17
Remuneration Tribunal Act 1973
.
18
16D Resignation of members of the Ministerial Advisory Board
19
(1) A member of the Ministerial Advisory Board may resign from the
20
Ministerial Advisory Board by giving the Minister a written
21
resignation.
22
(2) The resignation takes effect on the day it is received by the
23
Minister or, if a later day is specified in the resignation, on that
24
later day.
25
16E Termination of members of the Ministerial Advisory Board
26
(1) The Minister may terminate the appointment of a member of the
27
Ministerial Advisory Board:
28
(a) for misbehaviour; or
29
(b) if the member is unable to perform the duties of a member of
30
the committee because of physical or mental incapacity.
31
(2) The Minister may terminate the appointment of a member of the
32
Ministerial Advisory Board if:
33
Schedule 1
Amendments
12
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
(a) the member:
1
(i) becomes bankrupt; or
2
(ii) applies to take the benefit of any law for the relief of
3
bankrupt or insolvent debtors; or
4
(iii) compounds with the member's creditors; or
5
(iv) makes an assignment of the member's remuneration for
6
the benefit of the member's creditors; or
7
(b) the member fails to comply with subsection 16B(6) (which
8
deals with giving advice in an impartial and independent
9
manner).
10
16F Disclosure of interests to the Minister
11
A member of the Ministerial Advisory Board must give written
12
notice to the Minister of all interests, pecuniary or otherwise, that
13
the member has or acquires and that conflict or could conflict with
14
the proper performance of the member's functions.
15
16G Disclosure of interests to the Ministerial Advisory Board
16
(1) A member of the Ministerial Advisory Board who has an interest,
17
pecuniary or otherwise, in a matter being considered or about to be
18
considered by the Ministerial Advisory Board must disclose the
19
nature of the interest to a meeting of the Ministerial Advisory
20
Board.
21
(2) The disclosure must be made as soon as possible after the relevant
22
facts have come to the knowledge of the member of the Ministerial
23
Advisory Board.
24
(3) The disclosure must be recorded in the minutes of the meeting of
25
the Ministerial Advisory Board.
26
(4) Unless the Ministerial Advisory Board otherwise determines, the
27
member of the Ministerial Advisory Board:
28
(a) must not be present during any deliberation by the
29
Ministerial Advisory Board on the matter; and
30
(b) must not take part in any decision of the Ministerial Advisory
31
Board with respect to the matter.
32
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
13
(5) For the purposes of making a determination under subsection (4),
1
the Ministerial Advisory Board member:
2
(a) must not be present during any deliberation of the Ministerial
3
Advisory Board for the purpose of making the determination;
4
and
5
(b) must not take part in making the determination.
6
(6) A determination under subsection (4) must be recorded in the
7
minutes of the meeting of the Ministerial Advisory Board.
8
32 Part 4
9
Repeal the Part, substitute:
10
Part 4--Administration
11
12
17 Simplified outline of this Part
13
This Part deals with administrative matters relating to the office of
14
the JSA Commissioner and JSA Deputy Commissioners. This
15
includes the appointment of a Commissioner and the terms and
16
conditions on which a Commissioner holds office.
17
18 Appointment of the JSA Commissioner
18
(1) The JSA Commissioner is to be appointed by the Minister by
19
written instrument, on a part-time or full-time basis.
20
Note:
The JSA Commissioner may be reappointed: see section 33AA of the
21
Acts Interpretation Act 1901
.
22
(2) The JSA Commissioner holds office for the period specified in the
23
instrument of appointment. The period must not exceed 5 years.
24
(3) A person may only be appointed as the JSA Commissioner if the
25
Minister is satisfied that the person has appropriate qualifications,
26
knowledge or experience.
27
Schedule 1
Amendments
14
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
18A Appointment of a JSA Deputy Commissioner
1
(1) A JSA Deputy Commissioner may be appointed by the Minister by
2
written instrument, on a part-time or full-time basis.
3
Note:
A JSA Deputy Commissioner may be reappointed: see section 33AA
4
of the
Acts Interpretation Act 1901
.
5
(2) A JSA Deputy Commissioner holds office for the period specified
6
in the instrument of appointment. The period must not exceed 5
7
years.
8
(3) A person may only be appointed as a JSA Deputy Commissioner if
9
the Minister is satisfied that the person has appropriate
10
qualifications, knowledge or experience.
11
19 Acting appointments
12
(1) The Minister may, by written instrument, appoint a person to act as
13
a Commissioner:
14
(a) during a vacancy in the office of a Commissioner (whether or
15
not an appointment has previously been made to the office);
16
or
17
(b) during any period when a Commissioner:
18
(i) is absent from duty or from Australia; or
19
(ii) is, for any reason, unable to perform the duties of the
20
office.
21
Note 1:
For rules that apply to acting appointments, see sections 33AB and
22
33A of the
Acts Interpretation Act 1901
.
23
Note 2:
In this Act,
Commissioner
means the JSA Commissioner or a JSA
24
Deputy Commissioner--see section 4.
25
(2) A person may only be appointed to act as a Commissioner if the
26
Minister is satisfied that the person has appropriate qualifications,
27
knowledge or experience.
28
20 Remuneration
29
(1) A Commissioner is to be paid the remuneration that is determined
30
by the Remuneration Tribunal. If no determination of that
31
remuneration by the Tribunal is in operation, the Commissioner is
32
to be paid the remuneration that is prescribed by the rules.
33
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
15
(2) A Commissioner is to be paid the allowances that are prescribed by
1
the rules.
2
(3) This section has effect subject to the
Remuneration Tribunal Act
3
1973
.
4
21 Leave of absence
5
(1) If a Commissioner is appointed on a part-time basis, the Minister
6
may grant leave of absence to the Commissioner on such terms and
7
conditions as the Minister considers appropriate.
8
(2) If a Commissioner is appointed on a full-time basis:
9
(a) the Commissioner has the recreation leave entitlements that
10
are determined by the Remuneration Tribunal; and
11
(b) the Minister may grant the Commissioner leave of absence,
12
other than recreation leave, on the terms and conditions as to
13
remuneration or otherwise that the Minister determines.
14
22 Engaging in other paid work
15
(1) If a Commissioner is appointed on a part-time basis, the
16
Commissioner must not engage in any paid work that, in the
17
Minister's opinion, conflicts or could conflict with the proper
18
performance of the Commissioner's functions.
19
(2) If a Commissioner is appointed on a full-time basis, the
20
Commissioner
must not engage in paid work outside the duties of
21
the Commissioner's office without the Minister's approval.
22
23 Other terms and conditions
23
A Commissioner holds office on the terms and conditions (if any)
24
in relation to matters not covered by this Act that are determined
25
by the Minister.
26
24 Resignation
27
(1) A Commissioner may resign the Commissioner's appointment by
28
giving the Minister a written resignation.
29
Schedule 1
Amendments
16
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
25 Termination of appointment
4
(1) The Minister may terminate the appointment of a Commissioner:
5
(a) for misbehaviour; or
6
(b) if the Commissioner is unable to perform the duties of the
7
Commissioner's office because of physical or mental
8
incapacity.
9
(2) The Minister may terminate the appointment of a Commissioner if:
10
(a) the Commissioner:
11
(i) becomes bankrupt; or
12
(ii) applies to take the benefit of any law for the relief of
13
bankrupt or insolvent debtors; or
14
(iii) compounds with the Commissioner's creditors; or
15
(iv) makes an assignment of the Commissioner's
16
remuneration for the benefit of the Commissioner's
17
creditors; or
18
(b) the Commissioner is absent, except on leave of absence, for
19
14 consecutive days or for 28 days in any 12 months; or
20
(c) the Commissioner:
21
(i) if engaged on a part-time basis--engages in paid work
22
that, in the Minister's opinion, conflicts or could
23
conflict with the proper performance of the
24
Commissioner's duties (see subsection 22(1)); or
25
(ii) if engaged on a full-time basis--engages, except with
26
the Minister's approval, in paid work outside the duties
27
of the Commissioner's office (see subsection 22(2)); or
28
(d) the Commissioner fails, without reasonable excuse, to
29
comply with section 29 of the
Public Governance,
30
Performance and Accountability Act 2013
(which deals with
31
the duty to disclose interests) or rules made for the purposes
32
of that section.
33
Amendments
Schedule 1
No. , 2023
Jobs and Skills Australia Amendment Bill 2023
17
33 Section 27
1
Omit "JSA Director" (wherever occurring), substitute "JSA
2
Commissioner".
3
34 After section 27
4
Insert:
5
27A Jobs and skills report
6
(1) Jobs and Skills Australia must, before the end of each calendar
7
year beginning on or after 1 January 2023, prepare and give to the
8
Minister a report on Australia's current, emerging and future skills
9
and training needs and priorities (including in relation to
10
apprenticeships) during the calendar year.
11
(2) The Minister must table the report in each House of the Parliament:
12
(a) within the period of 14 calendar days after receiving the
13
report; or
14
(b) if no sitting day of the relevant House occurs within that
15
period--on the next sitting day of that House after the end of
16
that period.
17
(3) Jobs and Skills Australia must, within 14 calendar days after giving
18
the report to the Minister, publish the report:
19
(a) on the Jobs and Skills Australia website; or
20
(b) if the rules specify another manner in which the report is to
21
be published--in that manner.
22
35 Subsection 29(2)
23
Repeal the subsection, substitute:
24
(2) The JSA Commissioner may, in writing, delegate all or any of the
25
JSA Commissioner's functions or powers under this Act to:
26
(a) a JSA Deputy Commissioner;
27
(b) a SES employee, or an acting SES employee, in the
28
Department.
29
36 Subsection 29(3)
30
Omit "JSA Director", substitute "JSA Commissioner".
31
Schedule 1
Amendments
18
Jobs and Skills Australia Amendment Bill 2023
No. , 2023
37 After section 29
1
Insert:
2
29A Review of operation of Act
3
(1) Before the end of the period of 2 years after the commencement of
4
this section, the Minister must commence a review of the operation
5
of this Act.
6
(2) The Minister must cause to be prepared a report of the review
7
under subsection (1).
8
(3) The Minister must cause a copy of the report to be tabled in each
9
House of the Parliament within 15 sittings days of that House after
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the completion of the preparation of the report.
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