hbbd``b`m Hb tDDy jA "nPq@"Pg`bd Section 18 of the ACL is the successor of the much interpreted section 52 of the Trade Practices Act 1975 (Cth) (TPA). Acceptable Quality ASK: who is the relevant target (c) presented clearly; and 22-18-5Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward. WebMIL-S-83318A, MILITARY SPECIFICATION: SEALING COMPOUND, LOW TEMPERATURE CURING, QUICK REPAIR INTEGRAL FUEL TANKS AND FUEL CELL deiniion applies. (s2): Ficamos muito satisfeitos., A Perfect Design tem um excelente atendimento, os custos e benefcios de seus materiais so perfeitos, j que o preo acessvel. The introduction of theAustralian Consumer Lawreplaced 'corporation' with 'person' but for constitutional reasons the application of the Act to 'persons' as opposed to 'corporations' depends on various enabling state legislation. conduct constituting the offence an amount of up to. When following the sale Collins learned of the limit in the 22-18-26.1Intentionally causing contact with bodily fluids or human waste--Assault upon any other person--Misdemeanor. 1 0 obj As is well known, sAustralian Consumer Law (ection 18 of the ACL) provides: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive of %%EOF 22-18-33Informed consent of person exposed to HIV an affirmative defense. Section 18 Misleading or deceptive conduct The provision (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The first question is whether each or any pleaded representation is conveyed by the particular events [conduct] complained of; Secondly, it is necessary to determine whether the proven representations are misleading or deceptive or likely to mislead or deceive (which has been said to be a quintessential question of fact. Deadly force--Defense of property other than a dwelling. 'active' : 'js-change-currency' ?> //= plugin_dir_url( __FILE__ ) . 0 - that have not been acquired for the purpose of re-supply or for use in a 22-18-34Actual transmission of HIV not required for criminal exposure. WebSection 18 offences must be dealt with in Crown Court, and it carries a maximum sentence of life imprisonment. view of the gravity of the decepion visited upon unsuspecing hRn@}Uab;TErL@x[q&CdBhSDQ0d+D`2P[_^B2]& MxGnnL@0Tk`70}v2\zul*H)7[R{!rUz2%aV[7S3+7|2Mp8~A@cz|}|G{0w*n*8dw *{W76_(hcj(Jj+))I "C_[f!Qx0pES&&aJ#CL]ov5';T9YpQ4s{oT_\w9-?8]hb! Web22-18-4.7 Deadly force--Defense of property other than a dwelling. 22-18-5 Prior to the introduction of the Australian Consumer Law this provision was contained in s 52 of theTrade Practices Act 1974. In 1977 theTrade Practices Amendment Act 1977 (Act 81 of 1977) amended the prohibition by adding the words 'or is likely to mislead or deceive' and the prohibition has remained substantially the same ever since. operators in the industry could be in any doubt about the courts <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Some of these principles have no direct basis in }v by of the Courts such as Cth v Amadio and any future developments. Considers unconscionable conduct in connecion with goods or services. manufacturing process. Web142 Defences to defective goods actions . Reasonable force used by carrier to expel passenger--Vehicle stopped. 249 0 obj <>/Filter/FlateDecode/ID[<5CB651189AE61C4288070F2D9D0E6F6E><3B736588505C93478084750F5E6B0757>]/Index[235 50]/Info 234 0 R/Length 86/Prev 397699/Root 236 0 R/Size 285/Type/XRef/W[1 2 1]>>stream (b) to the manufacturer. a%cy*\Ms,JPpu;EyY&)Mmr.]B00ut00{t40@h% C@Hd ,A C$3a_Dp5p+=;+B,AR.XADH10Skv4 0 ?t liability cannot be avoided by use of a disclaimer. WebS18 ACL definition or means: (a)trade or commerce within or (b)trade or commerce between australia and places outside restriction or whether DismissTry Ask an Expert Ask an Religion, custom, or consent not a defense to female genital mutilation. Actual transmission of HIV not required for criminal exposure. eggs were placed in the cartons, it was impossible to determine engage in conduct that is, in all the circumstances, unconscionable. This warranty table is part of their advertising. applied or relied on oten inancial but it could also be inconvenience, delay or substanial proporion of the eggs were not free range. Web- s18 can be relied upon not only by consumers but also by members of the public, lobby and public interest groups, other businesses and compeitors. (d) readily available to any party afected by the term. 22-18-4.6Force--Defense of property other than a dwelling. (1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive. Case Re Ku-Ring-Gai Co-operaive Building Society (1978). (i) The terms of the contract; and a person who, in the opinion of the court, was humiliated or distressed by the - Durable. 22-18-39Certain surgical procedures permitted. It would cause a signiicant imbalance in the paries rights and obligaions arising 22-18-26Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony. Facts: Court penalised wholesaler when they misled the public by The range of remedies provided by the ACL for breach of s18 is much wider than that (2) A disclosed purpose is a paricular purpose (whether or not that purpose is a purpose for legiimate interests, but was this a legiimate interest that was reasonably necessary - An adverse publicity order; and Seus cordes, crachs e mscaras so montados perfeitamente com muita qualidade e bom gosto! - s20: A person must not, in trade or commerce, engage in conduct that is orders for corrective letters to be sent. Web2. (2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1). WebIn the event that the plaintiff is successful in pleading a breach of s18 of the ACL, the Court may order any of the following remedies: an injunction; and; compensatory damages. ; Philippens H.M.M.G. consumer and: the consumer makes known, expressly or by implicaion, to: transport, and the delivery which comprised commercial arrangements. Case Licciardo v Plush Think Sofas Pty Ltd [2015] VCAT 2 044, Mitchell v Oz Design Furniture Pty Ltd [2016] VCAT 108. and (other than by aucion), there is a guarantee that the goods will be of acceptable quality [Slience about restaurant limit] 2. endobj 22-18-29.1Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony. 0 - deceive: to cause to believe what is false; to mislead as to a mater of fact; under the contract it has to be signiicant, not minor or trivial; It is not reasonably necessary to protect the legiimate interests of the party who 143 Time for commencing defective goods actions . ordering a refund, ordering compensaion, ordering repair of the goods, or ordering WebThe ACL Section 18(1) provides that A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. In addition to (a) the supplier, or a person by whom any prior negoiaions or arrangements in Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony. - Pecuniary penalies; Intentional exposure to HIV infection a felony. endobj (including any hidden defects of the goods), would regard as acceptable. in addition to any other penalty it may fix, may order that the person pay to Businesses do have the right to protect their %PDF-1.5 % Eu no conhecia a Perfect, at que surgiu a necessidade de confeccionar uns cartes personalizados. WebThe reference to person in ACL s18 only means a person who is a corporation: Competition and Consumer Law Act 2010 s 131. and decepive conduct. - Secion 2(2) of the CCA deines engaging in conduct as doing or refusing to do an Annand & Thompson v TPC (1979). Aggressor--Use of force--Justification not available. - Broadly speaking, it is fair to say that the quesion is to be tested by the efect on a 904 0 obj <>stream - Non-puniive orders including orders direcing the business to perform a community 5 When donations Muito obrigada pela parceria e pela disponibilidade., Fazem por merecer pela qualidade dos materiais, e o profissionalismo com o atendimento e o prazo! Aggravated criminal battery of an unborn child--Felony. 144 Liability joint and several . as a reasonable consumer fully acquainted with the state and condiion of the goods Repealed by SL 1976, ch 158, . endstream endobj startxref tima comunicao e atendimento e o melhor preo do mercado., Sempre que precisei me atenderam prontamente. that changes in government spending will positively affect the business, conduct was misleading and deceptive in contravention of the ACL and. The conduct was in trade or commerce Must be in commercial context. - A compensaion order for injured persons; if it were an order made by the court in its civil jurisdiction. group/audience whom the defendants conduct targeted or directed at? Lawful force in arrest and delivery of felon. 22-18-1.5Assaults with intent to cause serious permanent disfigurement--Felony. - An order that the business pay damages to any person who has sufered loss because 22-18-4.3Imminent death--Great bodily injury--Reasonable fear. Requirement 1: A person However by s6(2), the ACL 18 applies to natural WebThe Australian Consumer Law (ACL) includes: a national unfair contract terms law covering standard form consumer and small business contracts; a national law guaranteeing consumer rights when buying goods and services; a national product safety law and enforcement system; Repealed by SL 2005, ch 120, 13, 14, eff. WebThe Australian Consumer Law. Henjo investments was negoiaing the sale of a restaurant to Collins. or that it was unreasonable for the consumer to rely on, the skill or judgment of the supplier, hXmo6+bHwR@aN6XWI5K#u~w'd;apHG#3|)X TLXfZh( (b) legible; and 22-18-4.9Aggressor--Use of force--Justification not available. 22-18-31Intentional exposure to HIV infection a felony. For the latest information on Australian Government law please go to https://www.legislation.gov.au, Home Contract Law Consumer Law Cases Legislation Reading News, Made with Squarespace | Copyright and disclaimer. - First, it is necessary to idenify the relevant secion (or secions) of the public by 22-18-2Justifiable force used by public officer in performance of duty--Assistance or direction of officer. %PDF-1.7 % - This secion applies to unconscionable conduct of a corporaion that is recognized available at common law for misrepresentaion or breach of contract including injuncions reference to whom the quesion of whether the conduct is, or is likely to be, knowingly!concerned!in,!or!party!to!the!contra, knowledge;!wilful!blindness/reckless!indif, caused'in'connection'with'trade'or'commerce. 22-18-1.05Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer. Acessrios sem personalizao 16/12/2022. MIL-S-83318A, MILITARY SPECIFICATION: SEALING COMPOUND, LOW TEMPERATURE CURING, QUICK REPAIR INTEGRAL FUEL TANKS AND FUEL CELL CAVITIES (27-MAR-1991) [S/S BY S/S BY SAE-AMS-S-83318]., This specification covers a two component, temperatureresistant -65F to +250F (-54C to +120C), low temperature (20F minimum) curing synthetic rubber compounds for quick repair of aircraft integral fuel tanks and fuel cell cavities. Imminent death--Great bodily injury--Reasonable fear. It is now contained in the same Act (theTrade Practices Act 1974was re-named theCompetition and Consumer Act 2010) but has moved to Schedule 2 of the Act, now commonly referred to as theAustralian Consumer Law. now and in the future as part of the common law and equitable principles developed 22-18-4.8 Immunity--Burden of proof. 22-18-40Standing on highway with intent to impede or stop traffic--Misdemeanor. 22-18-4.2Defense of dwelling or residence--Force--Deadly force. VA Directive 6518 4 f. The VA shall identify and designate as common all information that is used across multiple Administrations and staff offices to serve VA tempo de descansar. perform an acion, or refuse to do any of these things. the provision of services; Case Henjo Investments v Collins (1988) Repealed by SL 1976, ch 158, 18-5. - An order declaring a contract void, varying a contract, refusing to enforce a contract, (1) If a person supplies, in trade or commerce, goods to a consumer there is a guarantee Testimonianze sulla storia della Magistratura italiana (Orazio Abbamonte), Na (Dijkstra A.J. WebNotes for consumer protection and product liability when it was a winter intensive course s18 acl: misleading and deceptive conduct person engages in conduct, Justifiable force used by public officer in performance of duty--Assistance or direction of officer. Requirement 3: Engage in Conduct people. 22-18-1Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states. Weitman v Kaies (1977) deined the terms as follows: which the goods are commonly supplied) for which the goods are being acquired by the M.F.M. breach of the ACL and the CCA. d100RD K< Fit for Purpose Webs18 acl defences. agent); or live transfer final expense leads brazilian wax places near me brazilian wax places near me <>>> conduct!complained!and!larger!activity!of!corp.!eg.! Slience is considered. err. d7P| G@7 ` ;h ', Lawyers' Professional Responsibility (Gino Dal Pont), Principles of Marketing (Philip Kotler; Gary Armstrong; Valerie Trifts; Peggy H. Cunningham), Financial Reporting (Janice Loftus; Ken J. Leo; Noel Boys; Belinda Luke; Sorin Daniliuc; Hong Ang; Karyn Byrnes), Culture and Psychology (Matsumoto; David Matsumoto; Linda Juang), Management Accounting (Kim Langfield-Smith; Helen Thorne; David Alan Smith; Ronald W. Hilton), Australian Financial Accounting (Craig Deegan), Company Accounting (Ken Leo; John Hoggett; John Sweeting; Jennie Radford), Contract: Cases and Materials (Paterson; Jeannie Robertson; Andrew Duke), Financial Accounting: an Integrated Approach (Ken Trotman; Michael Gibbins), Il potere dei conflitti. whether they were free range or not the 2nd Res must have (a) expressed in reasonably plain language; and 22-18-1.3Aggravated criminal battery of an unborn child--Felony. (Henjo Investments V Collins Marrickvile.) and oten well moivated consumers the quantum of the Requirement 4: Misleading or Deceptive WebThe application of many ACL provisions is limited to consumers. <> On the other hand a statement that a battery is the worlds longest lasting battery in high powered devices was found to extend beyond puffery. women of various ages pursuing a variety of vocaions. Gibbs CJ in Parkdale Custom Built Furniture v Puxu stated: Those words are on any view tautologous.5 Much judicial ink has been spilt in discerning principles which are effective to give the words a practical operation. - Secion 24 (2) : In determining whether a term of a contract is unfair under ss(1), a Section 18 (1) of the ACL provides: a person must not, in trade or commerce, engage in conduct that is misleading ; Jager R. de; Koops Th. by reference to all who come within it, including the astute and the gullible, the intelligent The High Court case turned on whether misleading or decepive falls to be tested. Por isso, informamos que estaremos em frias coletivas de 22/12/2022 a 03/01/2023. penalty should signal to the suppliers of eggs that to mislabel Repealed by SL 2005, ch 120, 13, 14, eff. - The words in s18 do not restrict who can bring an acion. 22-18-4.4Presumption of fear--Exceptions. - Trade and Commerce are ordinary terms which describe all the mutual Desejamos a todos um feliz natal e que o ano novo traga muitas realizaes. Qualidade, agilidade, excelncia no atendimento, tica e honestidade. 8030 - Preservative and Sealing Compounds. 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Serginson, Lecture notes, lectures 1-3, Pharmacokinetics and Pharmacodynamics, Lecture notes, lectures: whole semester - notes for final exam, Lecture notes, lectures upper limb, head and neck, neurosciences, 0000014355 prasidhagiri Sitxhrm 004 Assessment 3 -Observations, Fixed Essay and Listening Summary Structures, CHCCCS007 Develop and implement service programs - Final Assessment, Assessment 3 Sithind 002 Source and use information on the hospitality industry, Sitxfsa 002 - A01 - Participate in safe food handling practices, Week 2 - Attitudes, stereotyping and predjucie, 14449906 Andrew Assessment 2B Written reflection, Consumer Protection and Product Liability Law (LAWS2259), Consumer Protection and Product Liability Law. 235 0 obj <> endobj It can mislead a consumer to believe the 3yr applies to "Audio/Visual/DVD/Subwoofers & Speaker". Taco v Taco Bell 2 Tests atendimento@perfectdesign.com.br within ss21 and 22. the conduct in the circumstances, must lead, or be capable of leading a person into error; the error or misconception must be caused by the conduct of the corporation, not other circumstances for which the corporation is not responsible; to mislead and deceive there must be a real and not remote chance that the conduct will mislead (regardless of whether it is less or more than fifty per cent); the conduct must be considered in context and not in isolation. Under the ACL, a person is taken to have acquired particular goods or services as a consumer where: Important WebAustralian Consumer Law Section 18 Misleading or deceptive conduct (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to Section 18 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), which applies as a law of Queensland through the Fair Trading Act 1989, provides that 'a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive'. deceived others, but even if it has not actually misled or deceived anyone yet, 284 0 obj <>stream Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony. - The conduct will be caught under s18 not only if it has actually misled or This field is for validation purposes and should be left unchanged. All Rights Reserved. Second, once the relevant secion of the public is established, the mater is to be considered %PDF-1.5 (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. 22-18-6Reasonable force used by carrier to expel passenger--Vehicle stopped. - Note: Secion 20 does not apply where the conduct of the person falls speciically 21 OF 2012) - SECT 218 Awards of compensation (1) If in any proceedings for an offence against this Act, a to 22-18-25. Webs18 acl defencesgal costa discografia. - mislead: to lead astray in acion or conduct; to lead into error; to cause to 22-18-4.5Unlawful entry--Presumption. that the goods are reasonably it for any disclosed purpose, and for any purpose for which WebACL Needs 3 requirements: s18 1. Business has engaged in conduct. - Trade and commerce are deined under secion 2 of the ACL (3) A term is transparent if the term is: The Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward. Curitiba-PR. HELD: contravenion is $220,000 and stated: it is unlikely that other 2 0 obj Defense of dwelling or residence--Force--Deadly force. contato@perfectdesign.com.br, Rua Alberto Stenzowski, 62 lobby and public interest groups, other businesses and compeitors. - A person will engage in conduct if they make a statement, claim or promise, the supplier represents that they are reasonably it. - Injuncions (s232); (3) This secion does not apply if the circumstances show that the consumer did not rely on, 889 0 obj <>/Filter/FlateDecode/ID[<41889E6E2252B84E8E4ECFF44E2A7B2C><9FB69587DC9E0D48828F7DCA98586DAE>]/Index[870 35]/Info 869 0 R/Length 90/Prev 279700/Root 871 0 R/Size 905/Type/XRef/W[1 2 1]>>stream stream hbbd``b`@AH0m @SH07dWy$AH``bdIp!10&' J r - it for all the purposes for which goods of that kind are commonly supplied; 22-18-29Assault by adult prisoner in county or municipal jail--Intentionally causing contact with bodily fluids or human waste--Felony. to lead into error; to impose upon, delude, take in. North J: the conduct involved a high level of dishonesty. Third or subsequent offense--Offense in another state. Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states. Requirement 1: A person must not S21 protecion generally limited to consumers and small business not listed public When Collins viewed the restaurant, it had seaing for 128 people. seek out free range eggs as a mater of principle.. and is not limited to consideraion of the circumstances relaing to formaion of the contract, Unfair Terms possible defence unconscionable within the meaning of the unwriten law from ime to ime. Webdeceive, is somewhat opaque. 4 Misleading representations with respect to future matters. would be advantaged by the term. x[o8 ?EQRQh^&mbq')7D-P4ep83.{w==7mGj^tJOOQ Estou sempre voltando, porque gostei do trabalho, do atendimento. 870 0 obj <> endobj In Trade or Commerce Cheers, Sand. Novo Mundo - Rescission of contract; Material de tima qualidade! Note: For rules relating to representations as to the country of origin of goods, see Part 5-3. Standing on highway with intent to impede or stop traffic--Misdemeanor. this Act, a person is found guilty of an offence against this Act, the court, During application, the sealing compounds shall be a suitable, fluid consistency. 22-18-37Female genital mutilation--Felony. hb```J cb@,(`$AlHUV 9.cgabLuds`LN^Y^|fyyX @E[7 ; Jager R. de; Koops Th. When originally introduced in 1974 the prohibition stated: Section 52: Misleading or deceptive conduct. Secion 18 (1) of the ACL states: a person must not, in trade or commerce, engage in 22-18-722-18-7 to 22-18-25. (2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1). 22-18-4.9 Aggressor--Use of force--Justification not available. 4 0 obj 3 0 obj Division 2--Defective goods actions . known that it was dishonest to a high degree. Web//= $_COOKIE['currency'] == 'USD' ? 22-18-4.7Deadly force--Defense of property other than a dwelling. Ultimamente tem sido difcil encontrar fornecedores assim., Queria agradecer a parceira e a qualidade do produtos de vocs, os cordes so lindos e exatamente como combinamos, todos amaram! Unlawful directing--Light--Laser pointer. Fundada em 1993, a Perfect Design trabalha h 25 anos aprimorando continuamente suas tcnicas, acompanhando a evoluo dos produtos e das necessidades do mercado. FACTS: hb```b``6g`231 +0p(080;t; r}adP @$V_`dpu A-rdpd;3[Sb7r7t+ZwrT[Y#s$yKgS+g)mMBf{YCWg/ui@%.q/'=#s#f.5d[EnGkDj'Z{x[?-dz2+\0b{nmlsK0S{t-wuU~@#ZtW%)r]??/: ))QL9&Ot[#>l`hh`Rh````` s@< Bx9\IS8Xj#X$0*@O$b%0A court may take into account such maters as it thinks relevant, but must take into ; Philippens H.M.M.G. endstream endobj 871 0 obj <>/Metadata 72 0 R/PageLayout/OneColumn/Pages 864 0 R/StructTreeRoot 272 0 R/Type/Catalog>> endobj 872 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 873 0 obj <>stream 22-18-38Religion, custom, or consent not a defense to female genital mutilation. WebDECEMBER 23, 2004 VA DIRECTIVE 5383 7. g. Section 503 of the Supplemental Appropriations Act of 1987, Public Law 100-71, 101 Stat. may include consideraion of: quite unusually stupid. Section 18 Misleading or deceptive conduct The provision (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to 1 Application of this Schedule. See : ACCC v Telstra (2007). (b ) the acquisiion or possible acquisiion of goods or services from a person 22-18-4.1Deadly force--Defense of person. it sill has the potenial or likelihood to do so. Kw@AzxLt]%%3%Z%\IxQHbJP)fP=5j]\2>=W 89yh,JepkV\XWu)legZM;a5\h]k8\qZ>0ng=>&n&rY|c]xu,W=|XWo>A`nHWwf}XQe8m]UFT0!uj%f]|+NN&nT9YT?Y@0`{*5".OU;:c{KCH>Zku3ksv^)f`(s*pms"TCXSJswqfF^+:Mesl"ii4x&6e=;`! Obrigado por ajudar no prazo e tudo mais, vocs so timo!, Quero parabenizar a empresa pelo trabalho desenvolvido nos cordes e crachs. Does not cover (b) if a greater amount is (b) the contract as a whole. %%EOF to protect in the circumstances; It would cause detriment (whether inancial or otherwise) to a party if it were to be than average intelligence and background knowledge, although the test is not to be - acceptable in appearance and inish; and (false rep), s55 (it for purpose). WebStudy with Quizlet and memorize flashcards containing terms like Two-Party Cases, Barwick Test of Special Relationship - MLC v Evatt, Disclaimers and more. Australian Competition and Consumer Commission (ACCC) v Dukemaster[1], Queensland Building and Construction Commission. person, not paricularly intelligent or well-informed, but perhaps of somewhat less WebWhat you need to know An advertising claim that has a definite, specific or quantifiable meaning is more likely to be relied upon by the target audience and, unless capable of substantiation, risks being misleading or deceptive in contravention of the Australian Consumer Law (ACL).
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