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| | | | to prove that the the conduct in question was for the purposes of making the |
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| | | imitation firearm available to a museum or gallery. |
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| | | (11) | In this section “museum or gallery” includes any institution which has as its |
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| | | purpose, or one of its purposes, the preservation, display and interpretation of |
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| | | material of historical, artistic or scientific interest and gives the public access to it. |
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| | | (12) | It shall be a defence for any person charged in respect of any conduct of his |
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| | | relating to an imitation firearm to which this section applies— |
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| | | (a) | with an offence under subsection (1) above; or |
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| | | (b) | with an offence under section 50(2) or (3) of the Customs and Excise |
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| | | |
| | | | to prove that his conduct was for the purposes of making available an imitation |
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| | | firearm to persons in the service of Her Majesty for the purposes of ceremonial |
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| | | functions carried out by the authority of a Royal Warrant. |
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| | | (13) | It shall be a defence for any person charged in respect of any conduct of his |
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| | | relating to an imitation firearm to which this section applies— |
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| | | (a) | with an offence under subsection (1) above; or |
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| | | (b) | with an offence under section 50(2) or (3) of the Customs and Excise |
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| | | |
| | | | to prove that his conduct was for the purposes of making the imitation firearm |
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| | | |
| | | (c) | taking part in a theatrical performance or in a rehearsal for such a |
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| | | |
| | | (d) | taking part in the production of a cinematograph or television film or a |
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| | | wireless telegraphic broadcast, or |
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| | | (e) | taking part in a historical re-enactment or the commemoration of |
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| | | |
| | | Clause, as amended, Agreed to on division. |
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| | | |
| | Clause 31, page 33, line 16, leave out subsection (1) and insert— |
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| | | ‘(1) | If the Secretary of State is satisfied that any imitation firearm, or type, model or |
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| | | class of imitation firearm, will create a danger to public safety, he may by |
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| | | regulations, made after consulting such persons or bodies appearing to him to |
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| | | represent those trading in, or using, imitation firearms as he shall consider |
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| | | |
| | | (a) | the manufacture of such imitation firearms; |
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| | | (b) | the modification of firearms or imitation firearms so that they become |
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| | | |
| | | (c) | the sale of such imitation firearms; and |
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| | | (d) | the bringing into Great Britain of such imitation firearms, |
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| | | | unless the imitation firearms conform to such specifications and conditions as |
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| | | may be set out in the regulations.’. |
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| | | |
| | Clause 31, page 33, line 16, after ‘requiring’, insert ‘realistic’. |
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| | |
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| | | |
| | Clause 31, page 33, line 17, at end, leave out ‘are’. |
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| | | |
| | Clause 31, page 33, line 18, at beginning, insert ‘are’. |
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| | |
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| | | |
| | Clause 31, page 33, line 18, at end, leave out ‘or’ and insert ‘and’. |
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| | |
| | |
| | | |
| | Clause 31, page 33, line 19, leave out ‘approved by such persons and in such |
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| | manner as may be so set out’ and insert ‘must be subject to proper consultation and |
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| | consideration by a working group consisting of a wide group of expert practitioners.’. |
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| | |
| | | |
| | Clause 31, page 33, line 21, leave out ‘an’ and insert ‘a realistic’. |
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| | |
| | |
| | | |
| | Clause 31, page 33, line 23, leave out ‘an’ and insert ‘a realistic’. |
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| | | |
| | Clause 31, page 33, line 25, leave out ‘an’ and insert ‘a realistic’. |
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| | | |
| | Clause 31, page 33, line 27, leave out ‘an’ and insert ‘a realistic’. |
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| | |
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| | | |
| | Clause 31, page 33, line 28, leave out ‘an’ and insert ‘a realistic’. |
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| | |
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| | | |
| | Clause 31, page 33, line 40, leave out ‘an’ and insert ‘a realistic’. |
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| | |
| | |
| | | |
| | Clause 31, page 33, line 42, after ‘of’, insert ‘realistic’. |
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| | |
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| | | |
| | Clause 32, page 34, line 13, leave out ‘an’ and insert ‘realistic’. |
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| | |
| | |
| | | |
| | Clause 32, page 34, line 15, leave out ‘an’ and insert ‘realistic’. |
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| | |
| | |
| | |
| | | |
| | Clause 32, page 34, line 17, leave out subsections (3) and (4) and insert— |
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| | | ‘(3) | Where a person is charged with an offence under this section by reason of his own |
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| | | conduct it shall be a defence that— |
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| | | (a) | he believed that the individual was aged 18 or over, and |
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| | | |
| | | (i) | he had taken all reasonable steps to establish the individual’s age, |
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| | | |
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| | |
| | |
| |
| | | (ii) | nobody could reasonably have suspected from the individual’s |
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| | | appearance that he was aged under 18. |
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| | | (4) | For the purposes of subsection (3), a person is treated as having taken all |
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| | | reasonable steps to establish an individual’s age if— |
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| | | (a) | he asked the individual for evidence of his age, and |
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| | | (b) | the evidence would have convinced a reasonable person. |
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| | | (5) | Where a person (“the accused”) is charged with an offence under this section, by |
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| | | reason of the Act or default of some other person, it is a defence that the accused |
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| | | exercised all due diligence to avoid committing it. |
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| | | (6) | Subsection (1) does not apply where the individual buys or attempts to buy the |
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| | | imitation firearm at the request of a constable or an inspector of weights and |
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| | | measures, who is acting in the course of his duty.’. |
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| | | |
| | Clause 32, page 34, line 30, in column 2, leave out ‘an’ and insert ‘realistic’. |
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| | | |
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| | |
| | | |
| | Clause 34, page 35, line 33, leave out subsection (2). |
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| | | |
| | Clause 34, page 35, line 34, leave out ‘eighteen’ and insert ‘nineteen’. |
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| | |
| | |
| | | |
| | Clause 34, page 36, line 11, at end insert— |
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| | | ‘(d) | for the purposes of official battle re-enactments and similar events |
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| | | including veterans’ fairs.’. |
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| | |
| | | |
| | Clause 34, page 36, line 16, at end insert— |
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| | | ‘(11D) | The Secretary of State may by order made by statutory instrument— |
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| | | (a) | provide for exceptions and exemptions from the offence under |
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| | | subsection (1) above or from the prohibition in subsection (4) |
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| | | |
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| |
| | |
| | |
| |
| | | (b) | provide for it to be a defence in proceedings for such an offence, |
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| | | or for an offence under section 50(2) or (3) of the Customs and |
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| | | Excise Management Act 1979, to show the matters specified or |
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| | | described in the regulations. |
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| | | (11E) | A statutory instrument containing an order under this section shall not be |
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| | | made unless a draft of the instrument has been laid before Parliament and |
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| | | approved by a resolution of each House.’. |
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| | |
| | |
| | |
| | | |
| | Clause 34, page 36, line 19, at end insert— |
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| | | ‘(6) | A court shall, on a person’s first conviction for an offence under Section 139(1) |
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| | | of the Criminal Justice Act 1988 (Bladed article), pass a minimum custodial |
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| | | sentence of 3 months, unless exceptional circumstances exist in relation to the |
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| | | offence or the offender which justify its not so doing.’. |
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| | | Clause, as amended, Agreed to. |
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| | |
| | |
| | |
| | |
| | | |
| | Clause 35, page 36, line 38, leave out ‘the search’ and insert ‘searches’. |
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| | |
| | | |
| | Clause 35, page 37, line 11, at end insert— |
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| | | ‘() | A person who seizes anything under subsection (6) must deliver it to a police |
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| | | constable as soon as reasonably practicable. |
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| | | () | The Police (Property) Act 1897 (disposal of property in the possession of the |
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| | | police) shall apply to property which has come into the possession of a police |
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| | | constable under this section as it applies to property which has come into the |
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| | | possession of the police in the circumstances mentioned in that Act.’. |
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| | |
| | |
| | |
| | | |
| | Clause 35, page 37, line 17, leave out from ‘includes’ to end of line 17 and insert |
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| | ‘all clothing save underwear and shoes’. |
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| | | Clause, as amended, Agreed to. |
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| | |
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| |
| | |
| | |
| |
| | |
| | | |
| | Clause 36, page 37, line 28, after, ‘25’ insert ‘, (Sales of air weapons by way of |
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| | trade or business to be face to face)’. |
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| | |
| | | |
| | Clause 36, page 37, line 33, leave out paragraph (d). |
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| | |
| | | |
| | Clause 36, page 37, line 34, at end insert— |
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| | | ‘() | Sections 28 and 29 bind persons in the service of Her Majesty; and for the |
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| | | |
| | | |
| | | |
| | | (c) | any rule of law under which any of the provisions of section 24, 25, (Sales |
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| | | of air weapons by way of trade or business to be face to face), 30 or 31 |
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| | | |
| | | | a person is in the service of Her Majesty if he is deemed to be in such service (or |
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| | | to be in the naval, military or air service of Her Majesty) for the purposes of and |
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| | | under section 54 of the 1968 Act (Crown application).’. |
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| | | Clause, as amended, Agreed to. |
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| | | |
| | |
| | |
| | | |
| | Schedule 1, page 42, line 25, leave out sub-paragraph (a) and insert— |
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| | | ‘(a) | for subsection (1) substitute— |
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| | | “(1) | An application for a banning order in respect of any person |
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| | | |
| | | (a) | the relevant chief officer, or |
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| | | (b) | the Director of Public Prosecutions, |
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| | | | if it appears to him that the condition in subsection (2) is |
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| | | |
| | |
| | | |
| | Schedule 1, page 44, line 8, at end insert— |
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| | | |
| | | “8A(1) | In paragraph 1 of Schedule 1 (offences), in subparagraphs (c), (k), and (q) after |
|
| | | “under section” insert “4A or”. |
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| | | (2) | An offence is not a relevant offence by virtue of sub-paragraph (1) if it was |
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| | | committed before the commencement of this paragraph.’. |
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| | |
| | |
| |
| | |
| | | |
| | Schedule 1, page 45, line 14, at end insert— |
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| | | ‘14 | In the section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of |
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| | | the Director of Public Prosecutions), in subsection (2) after paragraph (fa) |
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| | | |
| | | “(faa) | where it appears to him appropriate to do so, to have the |
|
| | | conduct of applications made by him for orders under section |
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| | | 14B of the Football Spectators Act 1989 (banning orders |
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| | | |
| | | Schedule, as amended, Agreed to. |
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| | | |
| | | |
| | | Clauses 39 to 41 Agreed to. |
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| | |
| | |
| | |
| | | |
| | Clause 42, page 39, line 16, leave out from ‘“(c)’ to end of line 17. |
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| | | |
| | | Clauses 43 and 44 Agreed to. |
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| | |
| | |
| | | |
| | Schedule 3, page 48, line 4, column 2, at beginning insert— |
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| | | ‘In section 3(1)(a), the word “or” at the end.’. |
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| | |
| | | |
| | Schedule 3, page 48, line 4, column 2, at end insert— |
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| | | ‘In section 40(2), the words from “to firearms” to |
| | | | | | | | |
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| | |
| | | |
| | Schedule 3, page 48, line 4, column 2, at end insert— |
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| | | ‘In section 51A(1)(a)(i), the word “or” at the end.’. |
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