Part A - General
(a) This Rule shall prevail over any conflicting provisions in any other Divisional Rule and the provisions of the Rules of the Union including any of those Rules relating to the terms of office of any office holder.
(b) (i) This Divisional Rule will enable the merger of the New South Wales Postal and Telecommunications Branch, the Queensland Communications Division Branch and the South Australian and Northern Territory Communications Division Branch to form the CWU Central Branch.
(c) This Divisional Rule shall take effect on the merger date which shall be the date upon which the Rule is certified by the Fair Work Commission.
(d) On the merger date, Divisional Rule 44 shall be deleted and new Divisional Rule 44 shall take effect as follows:
(a) The Division shall consist of the following Branches:
(b) Subject to these Rules, a Branch shall be autonomous in relation to matters affecting only members of the Branch and shall, in accordance with the Rules elect Branch Officers and manage the affairs of the Branch. All Branches shall comply with resolutions of Divisional Conference and Executive.
Part B - CWU Central Branch
(e) For the purposes of this Part of this Divisional Rule:
(i) "transitional period" shall mean the period commencing on the merger date and ending on 31 July 2023.
(ii) "merged Branch" shall mean the CWU Central Branch.
(iii) "NSW P&T Branch" shall mean the NSW Postal and Telecommunications Branch.
(iv) "QLD Branch" shall mean the Queensland Communications Division Branch.
(v) "SA/NT Branch" shall mean the South Australian and Northern Territory Communications Division Branch.
(f) On the merger date, the NSW P&T Branch, the QLD Branch and the SA/NT Branch shall merge to form the merged Branch.
(g) On the merger date, Divisional Rule 46 shall be amended as follows:
"46 - INDUSTRY SECTIONS - WESTERN AUSTRALIAN COMMUNICATIONS DIVISION BRANCH"
(ii) Delete the first sentence of sub-rule (a) and replacing it with the following sentence:
"The Western Australian Communications Division Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section".
(h) On the merger date, Divisional Rule 46A shall be amended as follows:
"46A - Industry Sections - Victorian Postal and Telecommunications Branch"
(ii) Delete the first sentence of sub-rule (a) and replacing it with the following sentence:
"The Victorian Postal and Telecommunications Branch shall have two (2) Industry Sections and each member shall be allocated to an Industry Section".
(i) On the merger date, a new Divisional Rule 46C shall be inserted as follows:
(a) The CWU Central Branch shall have three Industry Sections and each member shall be allocated to an Industry Section. The Industry Sections shall be constituted in the following manner.
(b) Members resident within New South Wales and the Australian Capital Territory shall be allocated on the following basis:
(i) Postal Industry Section: All members employed by the Australian Postal Corporation, or by employers which the Divisional Executive determines operates substantially in or in connection with postal services;
(c) Members resident within Queensland, South Australia and the Northern Territory shall be allocated on the following basis:
(i) Postal Industry Section:
(d) Industrial officers and employees of the Division shall:
(j) On the merger date, Divisional Rule 75 shall be deleted and the new Divisional Rule 75 shall take effect as follows:
(a) The headquarters of the Branch shall be located in Perth. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within Western Australia.
(b) The Branch shall have for its management a Branch Committee of Management consisting of a Branch President, two (2) Branch Vice Presidents, Branch Secretary, Branch Assistant Secretary, full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than eighteen (18) Sectional Representatives who shall be elected for a period of four (4) years. Provided that any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
For the purposes of Branch administration, the following Branch offices shall be declared full-time positions:
(c) The Branch President, Branch Secretary and Branch Assistant Secretary shall be elected by ballot of the financial members of the Branch.
(d) Notwithstanding sub-rule (b), in the Branch Committees of Management, there shall be an additional Branch Vice President Affirmative Action who shall be nominated by and from the female members of the Branch and elected by the financial members of the Branch.
(e) Branch Vice Presidents and Sectional Representatives shall be elected by and from the members comprising the respective Industry Sections as provided in Rule 46.
(f) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this sub-rule.
(g) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(h) At Branch Committee of Management meetings, a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberative vote.
(i) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(j) Provided that further there shall be a Branch Executive comprising the Branch President, Branch Secretary, Branch Assistant Secretary and Branch Vice Presidents. A majority of the Branch Executive shall constitute a quorum. The minutes of any Branch Executive meetings shall be notified to the Branch Committee of Management within fourteen (14) days of the Branch Executive meeting. The Branch Executive shall have the power to deal with matters of an urgent industrial or financial nature when the Branch Committee of Management is not sitting. Meetings of the Branch Executive shall be called by the Branch Secretary.
(k) On the merger date, a new Divisional Rule 75A shall be inserted as follows:
(a) The headquarters of the Branch shall be located in Sydney and shall maintain premises in both Brisbane and Adelaide. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) The Branch shall have for its management a Branch Committee of Management consisting of the following:
(c) The Branch President, Branch Vice Presidents and Branch Secretary shall be elected by ballot of the financial members of the Branch.
(d) Sectional Representatives shall be elected from the members comprising the respective Industry Sections as provided in Rule 46C.
(e) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section accordance with this Rule.
(f) For the purpose of this Rule a geographically specific office is an office elected by and from members resident within a particular State or Territory or part of State of Territory.
(g) In making a determination pursuant to sub-rule (e), BCOM shall determine whether those positions will be geographically specific.
(h) Geographically specific offices shall be elected by the financial membership resident in the State/Territory to which the position relates. The following offices are declared to be geographically specific:
(j) At Branch Committee of Management meetings a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(k) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(l) Provided that further there shall be a Branch Executive comprising of the Branch President, Branch Secretary, the Branch Assistant Secretaries and the Branch Vice Presidents. A majority of the Branch Executive shall constitute a quorum. The minutes of any Branch Executive meetings shall be notified to the Branch Committee of Management within fourteen (14) days of the Branch Executive meeting. The Branch Executive shall have the power to deal with matters of an urgent industrial or financial nature with the Branch Committee of Management is not sitting. Meetings of the Branch Executive shall be called by the Branch Secretary.
(l) On the merger date, Divisional Rule 76 shall be deleted and new Divisional Rule 76 shall take effect as follows:
(a) The headquarters of the Branch shall be located in Melbourne. The Branch shall, subject to these Rules and resolutions of Divisional Conference and/or Divisional Executive, manage the local affairs of the Branch within its territorial area.
(b) The Branch shall have for its management a Branch Committee of Management consisting of a Branch President, two (2) Branch Vice Presidents, Branch Secretary, full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than eighteen (18) Sectional Representatives who shall be elected for a period of four (4) years. Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years. For the purposes of Branch administration the following Branch offices shall be declared full-time positions:
(c) The Branch President, Branch Vice Presidents, Branch Secretary and full-time Branch Organisers shall be elected by ballot of the financial members of the Branch.
(d) Sectional Representatives shall be elected from the members comprising the respective Industry Sections as provided in Rule 46A.
(e) At least three (3) months prior to the opening of nominations for the Branch elections held under Rule 67, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Industry Section in accordance with this Rule.
(f) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than nine (9).
(g) At Branch Committee of Management meetings, a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty (30) minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(h) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within fourteen (14) days of the date set for the closing of the ballot.
(m) On the merger date, all offices in the NSW P&T Branch, the QLD Branch and the SA/NT Branch are abolished.
(n) On and from the merger date, the offices set out in Column B of the table below will be held by the persons holding the corresponding office set out in Column A immediately preceding the merger date until the date set out or described in Column C:
(o) All decisions of the Branch Committee of Management of the merged Branch shall be made by a majority of the votes cast at the meeting. The votes cast by members of the Branch Committee of Management of the merged Branch shall be on a card system. Each such member shall exercise a vote weighted proportionately to the percentage of financial members of the merged Branch in the geographic area in which the member resides having been equally divided by among number of members of the Branch Committee of Management of the merged Branch from that geographic area entitled to vote.
For the purposes of this sub-rule:
The geographic areas shall be:
(p) (i) Delegates to Divisional Conference as at the merger date elected by and from the members of the NSW P&T Branch, QLD Branch and SA/NT Branch shall remain in office representing the merged Branch until 31 July 2023; and
(q) Any casual vacancy arising in respect of any office referred to in sub-rules (n) and (p) shall be filled by appointment of the Branch Committee of Management of the merged Branch notwithstanding where, in the case of an office referred to in sub-rule (n) not being a full time position, the Branch Committee of Management takes a decision to abolish the office for the remainder of the transitional period.
(r) On the merger date, the assets and liabilities of the NSW P&T Branch, the QLD Branch and the SA/NT Branch shall become the assets and liabilities of the merged Branch.
(s) Upon the merger date, all members of the NSW P&T Branch, the QLD Branch and the SA/NT Branch on the date prior to the merger date shall become members of the merged Branch without payment of entrance fees and shall maintain continuity of membership, retain voting rights in accordance with the Divisional Rules and any privileges will be preserved.
(t) On the merger date, any period of membership and/or financial membership in the NSW P&T Branch or the QLD Branch or the SA/NT Branch in accordance with the Division's Rules prior to the merger date, shall be deemed to be for all purposes a period of membership and/or financial membership of the merged Branch. Any period of unfinancial membership in the NSW P&T Branch or the QLD Branch or the SA/NT Branch in accordance with the Division's Rules prior to the merger date shall be deemed to be for all purposes a period of unfinancial membership of the merged Branch.
(u) A person holding life membership in the NSW P&T Branch, the QLD Branch or the SA/NT Branch on the day immediately preceding the merger date shall be deemed on the merger date to be a life member of the merged Branch for all purposes under the Divisional Rules.
(v) A person holding the appointment of a Returning Officer or a Deputy Returning Officer of the NSW P&T Branch on the day preceding the merger date, shall be deemed to be on the merger date, the Returning Officer or the Deputy Returning Officer of the merged Branch respectively.
(w) From the merger date, the persons who held office in the NSW P&T Branch, the QLD Branch and the SA/NT Branch prior to the merger date shall take all and every action and execute such documents as may be necessary for, or helpful in effecting the transfer of assets, funds and property and debts and liabilities of the NSW P&T Branch, the QLD Branch and the SA/NT Branch to the merged Branch.
(ii) This Divisional Rule will also enable the merger of New South Wales Telecommunications and Services Branch and the Victorian Telecommunications and Services Branch to form the Telecommunications and Services Branch.
44 - FORMATION OF BRANCHES
(i) the CWU Central Branch which shall be constituted by all members of the Division resident in New South Wales, the Australia Capital Territory, Queensland, South Australia and the Northern Territory other than members resident in New South Wales (including residents in the ACT) of the Telecommunications and Services Branch;
(ii) the Telecommunications and Services Branch;
(iii) the Victorian Postal and Telecommunications Branch;
(iv) the Western Australian Communications Division Branch;
and such further or other Branches as may from time to time be determined by Divisional Conference.
(i) Delete the heading to Divisional Rule 46 and replacing it with the following heading:
(i) Delete the heading to Divisional Rule 46A and replacing it with the following heading:
46C - INDUSTRY SECTIONS - CWU CENTRAL BRANCH
(ii) Lines and General Industry Section: All members eligible for membership of the Union pursuant to National Rules 2.5 or 2.9 and all members who the Divisional Executive determines undertake functions substantially in or in connection with telecommunications services of a type traditionally provided by members but not members performing the functions which are specified in the Telecommunications Technical Officers structure, Electrical Officers structure, Production Officers structure and Tradesperson structure as set out in sub-clauses 8B1-4 inclusive of the Australian Telecommunications Commission Telecommunications Technical and Trades Staff (Salaries and Specific Conditions of Employment) Award 1975 as at 1 November, 1991 and the Operator Assisted Services structure in Clause 24 of the Australian Telecommunications Commission Telephone and Phonogram Staff (Salaries and Specific Conditions of Employment) Award 1978 as at 1 November, 1991, except those functions in common with functions specified in clause 51 of the Telecom/APTU Award 1989 as at 1 November 1991.
(A) All members employed or otherwise engaged by the Australian Postal Corporation (or any successor thereto or a body corporate related to the Australian Postal Corporation (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(B) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of postal services; and
(C) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.1, 2.5.1(a), 2.6, 2.7, 2.8, 2.9, 2.11.2 or 2.21.1 (if employed or otherwise engaged by the Australian Postal Corporation)
(ii) Telecommunications and Information Technology Industry Section:
(A) All members employed or otherwise engaged by Telstra Corporation Limited (or any successor thereto or a body corporate related to Telstra Corporation Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(B) All members employed or otherwise engaged by Network Design and Construction Limited (or any successor thereto or a body corporate related to Network Design and Construction Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(C) All members employed or otherwise engaged by Optus Administration Pty Limited (or any successor thereto or a body corporate related to Optus Administration Pty Limited (or any successor thereto) being a related body corporate within the meaning of the Corporations Act 2001); and
(D) All members employed or otherwise engaged by employers which the Divisional Executive determines operates substantially in or in connection with the installation, maintenance or provision of telecommunications; and
(E) Without limiting the foregoing, all members eligible for membership pursuant to National Rules 2.5.2, 2.10, 2.11.1, 2.17 (if not employed or otherwise engaged by the Australian Postal Corporation), 2.18, 2.19, 2.20 and 2.21.1 (if not employed or otherwise engaged by the Australian Postal Corporation)
(i) in the case of persons who are members of the Division before becoming an Industrial Officer or employee remain in the Industry Section they were allocated to before becoming an Industrial Officer or employee;
(ii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by the Divisional Office of the Division - subject to the approval of Divisional Conference, be allocated to the Industrial Section of his or her choice and shall not be subsequently allocated to any other Industry Section;
(iii) in the case of Industrial Officers or employees who were not members of the Union before becoming an Industrial Officer or employee employed by a Branch of the Division - subject to the approval of Branch Committee of Management be allocated to the Industry Section of his or her choice, and shall not subsequently be allocated to another Industry Section.
75 - BRANCH MANAGEMENT -WESTERN AUSTRALIA
Branch Secretary, Branch Assistant Secretary.
75A - BRANCH MANAGEMENT - CWU CENTRAL BRANCH
a. a Branch President;
b. one (1) Branch Vice President;
c. one (1) Branch Vice President Affirmative Action nominated by and from female members of the Branch and elected by the female financial members of the Branch;
d. Branch Secretary;
e. a Branch Assistant Secretary (NSW/ACT);
f. a Branch Assistant Secretary (QLD);
g. a Branch Assistant Secretary (SA/NT);
h. full-time Branch Organisers as specified in this sub-rule and not fewer than four (4) nor more than twenty (20) Sectional Representatives who shall be elected for a period of four (4) years. Any person elected to an office which has been declared a full-time office shall be elected for a term of office of four (4) years.
i. For the purposes of Branch administration, the following Branch offices shall be declared full-time positions: Branch Secretary, Branch Assistant Secretaries (NSW/ACT, QLD and SA/NT) and:
i. Four (4) Branch organisers elected by and from the financial membership of the Branch resident within NSW/ACT; and
ii. One (1) Branch organiser elected by and from the financial membership of the Branch resident within QLD.
i. Branch Assistant Secretary (NSW/ACT)
ii. Branch Assistant Secretary (QLD
iii. Branch Assistant Secretary (SA/NT)
(i) The total number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Industry Section shall be no less than two (2) and no more than ten (10).
76 - BRANCH MANAGEMENT -VICTORIAN POSTAL AND TELECOMMUNICATIONS BRANCH
Victoria: Branch Secretary, three (3) Branch Organisers;
COLUMN A COLUMN B COLUMN C
Branch President
NSW P&T Branch merged Branch President (NSW/ACT) 31 July 2023
Branch Vice President
NSW P&T Branch merged Branch Vice President (NSW/ACT) 31 July 2023
Branch Vice President
NSW P&T Branch merged Branch Vice President (NSW/ACT) 31 July 2023
Branch President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President
QLD Branch merged Branch Vice President (QLD) 31 July 2023
Branch Vice President Merged Branch Vice President
(Affirmative Action) (Affirmative Action) (QLD) 31 July 2023
QLD Branch
Branch President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President
SA/NT Branch merged Branch Vice President (SA/NT) 31 July 2023
Branch Vice President merged Branch Vice President
(Affirmative Action) (Affirmative Action) (SA/NT) 31 July 2023
SA/NT Communications Branch
Branch Secretary
NSW P&T Branch merged Branch Secretary (NSW/ACT) 31 July 2023
Branch Assistant Secretary
NSW P&T Branch merged Branch Assistant Secretary (NSW/ACT) 31 July 2023
Branch Secretary QLD
Communications Branch merged Branch Assistant Secretary (QLD) 31 July 2023
Branch Assistant Secretary QLD
Communications Branch merged Branch Organiser (QLD) 31 July 2023
Branch Secretary SA/NT
Communications Branch merged Branch Assistant Secretary (SA/NT) 31 July 2023
Branch Assistant Secretary
SA/NT merged Branch Committee of Management
Communications Branch Member (SA/NT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Organiser
NSW P&T Branch merged Branch Organiser (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Postal Industry merged Branch Committee of Management
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
NSW P&T Lines and merged Branch Committee of Management
General Industry
Section Branch Member (NSW/ACT) 31 July 2023
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section QLD Member (QLD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (QLD) 31 July 2023
Technology Industry Section QLD
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (QLD) 31 July 2023
Technology Industry Section QLD
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Postal Services Industry merged Branch Committee of Management
Section SA/NT Member (SA/NTD) 31 July 2023
Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (SA/NT) 31 July 2023
Technology Industry Section
(SA/NT) Communications Branch
Branch Committee of Management Member
Telecommunications merged Branch Committee of Management
and Information Member (SA/NT) 31 July 2023
Technology Industry Section
(SA/NT) Communications Branch
The percentage of financial members in a geographic area shall be the number of financial members resident in a geographic area on the day immediately preceding the merger date; and
o The State of New South Wales and the Australian Capital Territory;
o The State of Queensland; and
o The State of South Australia and the Northern Territory.
(ii) Members elected to the Divisional Executive as at the merger date elected by members of the NSW P&T Branch, QLD Branch and SA/NT Branch shall remain in office representing the merged Branch until 31 July 2023.
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