Customs (Prohibited Imports) Regulations (Amendment) (Cth)

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Statutory Rules 1996

No. 91 1

__________________

Customs (Prohibited Imports) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 29 May 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

G. D. PROSSER

 Minister for Small Business and Consumer Affairs

____________

1.   Amendment

1.1   The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1) (definition of “exempt firearm”):

Omit the definition.

2.2   Subregulation 2 (1) (definition of “firearm”):

Omit the definition, substitute:

“ ‘firearm’ has the meaning given in subregulation 4F (4);

‘firearm accessory’ has the meaning given in subregulation 4F (4);

‘firearm magazine has the meaning given in subregulation 4F (4);

‘firearm part’ has the meaning given in subregulation 4F (4);”.

2.3   Subregulation 2 (1A):

Omit the subregulation.

3.   Regulation 3 (Goods the importation of which is prohibited absolutely)

3.1   Subregulation 3 (1):

Omit “Subject to subregulation (2), the”, substitute “The”.

3.2   Subregulation 3 (2):

Omit the subregulation.

4.   Regulation 3A (Criteria for the purposes of provisions of regulations 4 and 4F relating to defence forces of certain overseas countries)

4.1   Regulation 3A:

Omit “subregulations 3 (2) and 4 (1AAA) and (3)”, substitute “subregulations 4 (1AAA) and 4F (2)”.

5.   Regulation 4 (Goods the importation of which is prohibited unless conditions or restrictions are complied with)

5.1   Subregulation 4 (1AAA):

Omit “, 26”.

5.2   Subregulation 4 (2):

Omit “Subject to subregulation (3), the”, substitute “The”.

5.3   Subregulation 4 (3):

Omit the subregulation.

6.   Regulation 4D (Importation of certain firearms for use in films)

6.1   Regulation 4D:

Omit the regulation.

7.   Regulation 4DA (Importation of firearms for use in development of mountings for laser target designators)

7.1   Regulation 4DA:

Omit the regulation.

8.   Regulation 4DB (Importation of parts for firearms imported under subregulation 4D (1) or 4DA (1))

8.1   Regulation 4DB:

Omit the regulation.

9.   New regulation 4F

9.1   After regulation 4E, insert:

Importation of firearms, firearm accessories, firearm parts, firearm magazines and ammunition

 “4F.(1) Subject to subregulation (2), the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition is prohibited unless:

  • (a)

    the firearm, firearm accessory, firearm part, firearm magazine or ammunition is an article to which an item in Part 2 of Schedule 6 applies; and

  • (b)

    the importation is in accordance with the requirements set out in column 3 of the item.

 “(2) Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition that meets the criteria set out in regulation 3A.

 “(3) The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition is subject to the conditions (if any) set out in Part 3 of Schedule 6 that relate to the importation.

 “(4) In this regulation:

‘firearm’:

  • (a)

    means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and

  • (b)

    includes an article that resembles in appearance a device referred to in paragraph (a), whether or not the article is capable of performing all of the functions of the device; and

  • (c)

    does not include the following devices:

    • (i)

      a nailing or stapling gun;

    • (ii)

      an explosive-powered fixing tool;

    • (iii)

      a flare gun, or other signalling device, designed for emergency or life-saving purposes;

    • (iv)

      a line-thrower;

    • (v)

      a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;

    • (vi)

      a tranquilliser gun;

    • (vii)

      a gun that operates a captive bolt for the slaughter of animals;

    • (viii)

      a device for the casting of weighted nets;

    • (ix)

      an underwater powerhead;

    • (x)

      large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which Item 8 of Schedule 2 applies;

‘firearm accessory’ means any of the following devices:

  • (a)

    a silencer designed or intended for use with a firearm;

  • (b)

    a device designed to modify a firearm so as to give it a rapid fire capability;

  • (c)

    a device capable of converting a firearm to fire in a fully automatic condition;

  • (d)

    a folding stock;

  • (e)

    a detachable stock;

‘firearm magazine’ means a magazine designed or intended for use with a firearm;

‘firearm part’ does not include:

  • (a)

    a firearm accessory; or

  • (b)

    a firearm magazine; or

  • (c)

    ammunition.”.

10.   Schedule 1 (Goods the importation of which is prohibited absolutely)

10.1   Schedule 1, items 24 and 25:

Omit the items.

11.   Schedule 2 (Goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised person has been granted)

11.1   Schedule 2, item 8, paragraph (g):

Omit the paragraph, substitute:

  • “(g)

    large calibre armament, weapons, launchers, throwers and projectors, whether or not mounted on vehicles, ships or aircraft, that are designed for grenades, bombs, rockets or any other missile, ammunition or substance, including the following:

    • (i)

      cannon;

    • (ii)

      guns, including self-propelled guns;

    • (iii)

      howitzers;

    • (iv)

      mortars;

    • (v)

      projectile launchers;

    • (vi)

      recoilless rifles;

    • (vii)

      tank destroyers;”.

11.2   Schedule 2, item 8, paragraph (i):

Omit the paragraph, substitute:

  • “(i)

    projectiles, bombs, rockets or any other missile, ammunition (other than ammunition to which Part 2 of Schedule 6 applies) or substance (whether charged or not);”.

11.3   Schedule 2, item 8, paragraph (k):

Omit the paragraph, substitute:

  • “(k)

    parts and accessories designed or adapted for, or for use with, any of the goods in the preceding paragraphs of this item”.

11.4   Schedule 2, item 26:

Omit the item.

12.   Schedule 3 (Goods the importation of which is prohibited unless specified conditions, restrictions or requirements are complied with)

12.1   Schedule 3, items 5, 5A, 6, 7 and 8:

Omit the items.

13.   New Schedule 6

13.1   After Schedule 5, insert:

“SCHEDULE 6 Regulation 4F 

REQUIREMENTS FOR THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES AND AMMUNITION

PART 1—TESTS

A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:

1.Official purposes test

1.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition to which the official purposes test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article.

1.2 The Attorney-General must not give written permission for the importation of the article unless the Attorney-General is satisfied that:

  • (a)

    the article is for the purposes of the government of the Commonwealth, a State or a Territory; and

  • (b)

    the relevant government is to retain ownership of the article.

2.Specified purposes test

2.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition to which the specified purposes test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article.

2.2 The Attorney-General must not give written permission for the importation of the article unless the Attorney-General is satisfied that:

  • (a)

    the article is of a kind not available in Australia; and

SCHEDULE 6—continued

  • (b)

    the article is to be used:

    • (i)

      in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that kind; or

    • (ii)

      in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that kind.

3.Specified person test

3.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition to which the specified person test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article.

3.2 The Attorney-General must not give written permission for the importation of the article unless the Attorney-General is satisfied that:

  • (a)

    the importer of the article is a person whose principal or only occupation is the business of controlling vertebrate pest animals on rural land; and

  • (b)

    the importer holds a licence or authorisation, in accordance with the law of the State or Territory in which the importer will carry out that occupation, to possess the article.

4.Police authorisation test

4.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition to which the police authorisation test relates, complies with the test if:

  • (a)

    the importer of the article has been given a statement, in an approved form, by:

    • (i)

      in relation to a State, the Commissioner or Chief Commissioner of the police force of the State; and

SCHEDULE 6—continued

  • (ii)

    in relation to the Northern Territory, the Commissioner of Police of the police force of the Northern Territory; and

  • (iii)

    in relation to a Territory other than the Northern Territory, the Chief Police Officer of the Australian Capital Territory;

 to the effect that the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess the article; and

  • (b)

    the importer of the article produces to a Collector, at or before importation, the statement in the approved form.

____________

SCHEDULE 6—continued

PART 2—REQUIREMENTS FOR SPECIFIC FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES AND AMMUNITION

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

1

Any of the following firearms, other than a firearm that is:

(a) fitted, whether by original design or by modification, with a folding or detachable stock; and

(b) capable of being fired when the stock is in the folded position or removed.

Air rifle, other than a soft air rifle.

Rimfire rifle, other than a self-loading rimfire rifle.

Single shot shotgun.

Double barrel shotgun.

Single shot airgun designed exclusively to fire paintballs.

Repeating action airgun designed exclusively to fire paintballs.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

The firearm must bear a unique serial number.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

2

Any of the following firearms, other than a firearm that is:

(a) fitted, whether by original design or by modification, with a folding or detachable stock; and

(b) capable of being fired when the stock is in the folded position or removed.

Muzzle-loading firearm.

Single shot centre fire rifle.

Double barrel centre firing rifle.

Repeating action centre fire rifle.

Break-action shotgun / rifle combination.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

The firearm must bear a unique serial number.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

3

Any of the following firearms, other than a firearm that is:

(a) fitted, whether by original design or by modification, with a folding or detachable stock; and

(b) capable of being fired when the stock is in the folded position or removed.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

The firearm must bear a unique serial number.

Self-loading rimfire rifle:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 10 rounds.

Self-loading shotgun:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 5 rounds.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

Pump action repeating shotgun:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 5 rounds.

4

Firearm part of, or for, a firearm to which item 1, 2 or 3 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

5

Firearm accessory for a firearm to which item 1, 2 or 3 applies.

The importation must comply with the official purposes test.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

6

Any of the following firearms, unless:

(a) fitted, whether by original design or by modification, with a folding or detachable stock; and

(b) capable of being fired when the stock is in the folded position or removed.

Self-loading centre fire rifle.

Self-loading rimfire rifle fitted with a firearm magazine of a capacity greater than 10 rounds.

Self-loading shotgun fitted with a firearm magazine of a capacity greater than 5 rounds.

Pump action repeating shotgun fitted with a firearm magazine of a capacity greater than 5 rounds.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test.

The firearm must bear a unique serial number.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

7

Firearm part of, or for, a firearm to which item 6 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test.

8

Firearm accessory for a firearm to which item 6 applies.

The importation must comply with the official purposes test.

9

Handgun, other than a handgun that:

(a) has a fully automatic firing capability; or

(b) resembles in appearance a sub-machine gun, a machine pistol or a handgun that has a fully automatic firing capability; or

(c) is a soft air handgun.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

The handgun must bear a unique serial number.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

10

Firearm part of, or for, a handgun to which item 9 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the Police authorisation test.

11

Firearm accessory for a handgun to which item 9 applies.

The importation must comply with the official purposes test.

12

Firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test.

The firearm must bear a unique serial number.

13

Firearm part of, or for, a firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

14

Firearm accessory for a firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies.

The importation must comply with the official purposes test.

15

Detachable firearm magazine, having a capacity of more than 5 rounds, for:

(a) self-loading centre-fire rifles; or

(b) self-loading or pump-action shotguns;

whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified person test.

16

Detachable firearm magazine, having a capacity of more than 10 rounds, for rimfire self-loading rifles, whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified person test.

17

Firearm magazine, other than a firearm magazine to which item 15 or 16 applies, whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the Police authorisation test.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

18

Device that increases the capacity of an integral firearm magazine or a tubular firearm magazine, whether or not attached to a firearm.

The importation must comply with the official purposes test.

19

Ammunition of the following kinds:

(a) ammunition that has, as part of the components (either assembled or separate), a projectile known as any of the following kinds:

  • (i)

    tracer;

  • (ii)

    frangible;

  • (iii)

    explosive;

  • (iv)

    incendiary;

  • (vi)

    armour piercing;

  • (vii)

    penetrator;

  • (viii)

    saboted light armour piercing (SLAP);

  • (ix)

    flechette (being a combined collection of arrows or spears);

The importation must comply with the official purposes test.

SCHEDULE 6—continued

Column 1

Item No.

Column 2

Firearm, firearm accessory, firearm part, firearm magazine or ammunition

Column 3

Requirements

(b) handgun ammunition that is designed, advertised or capable of defeating:

  • (i)

    soft body armour; or

  • (ii)

    opaque or glazed bullet resistant material.

20

Ammunition for any firearm, other than ammunition to which item 19 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the Police authorisation test.

____________

SCHEDULE 6—continued

PART 3—CONDITIONS RELATING TO THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, firearm parts, firearm magazines or ammunition

1.Safety requirements for firearms

1.1 The safety requirements do not apply to a firearm if the importation of the firearm complies with:

  • (a)

    the official purposes test; or

  • (b)

    the specified purposes test.

1.2 The safety requirements do not apply to a firearm that:

  • (a)

    was manufactured before 1 January 1900; or

  • (b)

    is a competition target firearm.

1.3 The safety requirements do not apply to a firearm if the importer of the firearm produces to a Collector, at the time of importation, evidence, in the form of:

  • (a)

    a restricted goods permit; or

  • (b)

    an export permit issued by the Department of Defence;

 that the firearm had previously been exported from Australia by the importer.

1.4 The safety requirements do not apply to a firearm if:

  • (a)

    the importer is:

    • (i)

    • entitled, under a visa issued under the Migration Act 1958, to enter, or remain in, Australia for a period of not more than 1 year; or

    • (ii)

      entitled, under a New Zealand passport to enter, or remain in, Australia; and

SCHEDULE 6—continued

  • (b)

    the importer produces to a Collector, at or before the time of importation:

    • (i)

      documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and

    • (ii)

      the licence or authorisation, in accordance with the law of each State or Territory where any competition or hunting activity referred to in the documentary evidence is to be conducted, to possess the firearm; and

  • (c)

    if the importer is referred to in subparagraph (b) (i)—the firearm is to be exported not later than the expiry of the relevant visa; and

  • (d)

    if the importer is referred to in subparagraph (b) (ii)—the firearm is to be exported not later than 1 year after the date of its importation.

1.5 A firearm to which the safety requirements apply must comply with the requirements of items 1.6 to 1.9 (inclusive), tested in accordance with arrangements approved, in writing, by the Attorney-General.

1.6 The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:

  • (a)

    it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of not more than 45 centimetres butt-first onto a rubber mat that:

    • (i)

      is 25 millimetres thick; and

    • (ii)

      has a hardness reading (in this item called ‘the appropriate hardness reading’) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 (‘Indentation Hardness of Rubber and Plastics by means of a Durometer’), published on 1 September 1976; or

SCHEDULE 6—continued

  • (b)

    it is struck not more than 6 times at various points along its length by a rubber hammer that:

    • (i)

      has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and

    • (ii)

      is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow; or

  • (c)

    in the case of a firearm having an exposed hammer or exposed hammers or having a bolt action, each hammer or bolt tail is struck once by a rubber hammer that:

    • (i)

      has a head that weighs 450 grams and has the appropriate hardness reading; and

    • (ii)

      is held at the end of the handle with the head 30 centimetres above the point to be struck; and

    • (iii)

      is allowed to fall under its own weight; or

  • (d)

    in the case of a firearm having an exposed hammer or cocking device or exposed hammers or cocking devices, each hammer or cocking device is moved back towards the cocked position 3 times and, immediately before the sear engages the bent or bents in the fully cocked position and with no pressure being applied to the trigger, the hammer or cocking device is released 3 times and allowed to travel forward under the pressure of the spring.

1.7 Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.

1.8 The firearm must be fitted with an effective trigger guard.

SCHEDULE 6—continued

1.9 The firearm, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, must be fitted with a safety device that:

  • (a)

    when engaged in the ‘Safe’ position, prevents operation of the trigger mechanism; and

  • (b)

    can be disengaged only by a distinct pressure of a finger or thumb; and

  • (c)

    clearly indicates that the firearm is in either a ‘Safe’ or ‘Fire’ condition.

2.Specified purposes test

2.1 The importation of an article in accordance with the specified purposes test is subject to the condition that the importer of the article must:

  • (a)

    export the article within 6 months of its importation, or within any longer period specified in the permission given by the Attorney-General; and

  • (b)

    comply with any condition or requirement specified, in relation to the article, in the permission.”.

_____________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 June 1996.

2. Statutory Rules 1956 No. 90 as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59 and 68.

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