By Laws of the election of members to the Bond University Business Students’ Association Management Committee The following Election By-Laws have been made by the Management Committee of the Bond University Business Students’ Association pursuant to Article V, section 4.4 of the Bond University Business Students’ Association Constitution. PART 1 – Definitions and Governing Rules Section 1 (Definitions) (1) In these By-Laws, unless otherwise indicated: a. BSA refers to the Management Committee of the Bond University Business Students’ Association generally. b. BSA 2015-2016 refers to the incumbent Management Committee of the Bond University Business Students’ Association. c. BSA 2016-2017 refers to the Management Committee of the Bond University Business Students’ Association that will serve as the Management Committee for the 2016-17 term. d. BSA executive means the Executive Committee of the Bond University Business Students’ Association as defined by Article III, section 1.1 of the Constitution. e. BSA office means the office of the Bond University Business Students’ Association. f. BUSA means the Bond University Student Association. g. candidate means a student who has nominated in accordance with section 7A and is standing for a position on the BSA 2016-17 during the election. h. candidates meeting refers to the meeting held by the ESC on Wednesday, 5th October 2016. i. campaign period is the time period outlined in section 7(8). j. commencement of the election periods refers to 10am Tuesday 11 October 2016. k. Constitution refers to the Constitution of the Bond University Business Students’ Association. l. election refers to: i. the casting of votes by members to select which candidates will constitute the BSA 2016-17; ii. the counting of votes by the ESC; iii. the nomination of candidates; iv. the campaigning by candidates or persons acting on their behalf; and v. any other activity or function reasonably incidental to any of the aforementioned functions or activities. m. election periods mean the following periods of time: i. between 10am Tuesday 11 October 2016 and 2pm Tuesday 11 October 2016; and Page 1 of 12
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ii. between 10am Wednesday 12 October 2016 and 2 pm Wednesday 12 October 2016. n. Election Promotions Policy refers to Appendix 1 of these By-Laws. o. electoral officer means a person appointed by the ESC under section 6(1). p. ESC means the Election Sub-Committee constituted in accordance with sections 3 and 4. q. executive pod refers to a group of four candidates, each of whom is running for a different position on the BSA executive, who have voluntarily associated themselves with each other and registered their association with the ESC in accordance with section 10. r. incumbent BSA refers to the persons serving on the BSA at the time of the election and before the BSA 2016-17 assume office in accordance with section 19(2). s. lecture bash means attending, or procuring another person to attend, a lecture, seminar, or tutorial for the purpose of promoting a candidate in the election. t. member refers to an ordinary member of the Bond University Business Students’ Association Article II, section 1.2 of the Constitution. u. offending candidate is defined in section 15(2). v. promotional activities refer to any activities, actions, or undertakings that are intended to promote a candidate or group of candidates to members or persons who could reasonably influence members, for the purpose of inducing or encouraging members to: i. vote in the election generally; or ii. vote for a particular candidate or group of candidates in the election; including but not limited to the distribution, delivery, or circulation of promotional material amongst or between members or persons who could reasonably influence members. w. promotional material refers to any materials, items or other objects that are intended to promote a candidate or group of candidates to members for the purpose of inducing or encouraging members to: i. vote in the election generally; or ii. vote for a particular candidate or group of candidates in the election. x. proxy vote refers to a vote cast by a member in accordance with section 18. y. regular vote refers to a vote cast by a member in accordance with section 17. z. res drop leaving promotional material in the residential buildings on the Bond University campus. aa. restricted area means the area defined by the ESC in accordance with section 12(1) bb. sponsor means any person, entity or organisation that provides sponsorship. cc. sponsorship includes any cash or in kind donations provided to a candidate or group of candidates by any person, entity, or organisation. dd. undecided position is defined in section 20(4). ee. unlisted promotional device has the meaning prescribed in Appendix 1, clause 2(3). ff. valid vote is defined in section 16(2). When applying these definitions reference to the singular includes the plural and vice versa.
Section 2 (Governing Rules) (1) The election shall be governed by the Constitution, these By-Laws, and any decision made by the ESC, subject to the Constitution and these By-Laws. (2) These By-Laws are subject to the interpretation of the ESC. (3) The ESC has the power to waive any of the notice requirements imposed by these ByLaws, subject to the Constitution. (4) The ESC shall have the power to make a binding decision with respect to any matter not otherwise dealt with by these By-Laws.
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PART 2 – The ESC and Electoral Officers Section 3 (Chair of the ESC) (1) The President of the incumbent BSA is automatically deemed to be the Chair of the ESC unless section 3(3) applies. (2) If the President of the incumbent BSA is not eligible to be the Chair of the ESC, the VicePresident of the incumbent BSA will automatically be deemed to be the Chair of the ESC, unless section 3(3) applies. (3) A person is not eligible to be the Chair of the ESC if they are not eligible to be a member of the ESC under section 4(2). (4) If both the President and the Vice-President are not eligible to be the Chair of the ESC, the incumbent BSA must appoint another person who is part of the incumbent BSA to occupy the role of Chair of the ESC. Section 4 (ESC) (1) The ESC must be constituted by between three and five members of the incumbent BSA. (2) Members of the incumbent BSA who are participating as candidates in the election are not eligible to be a member of the ESC. (3) The President, Vice-President, Treasurer, and Secretary of the incumbent BSA are automatically members of the ESC unless one of those persons is not eligible to be a member of the ESC. (4) If one or more of the persons mentioned in section 4(3) are not eligible to be a member of the ESC, the remaining eligible persons mentioned in section 4(3) will still be members of the ESC. (5) The Chair of the ESC has the power to appoint a member of the incumbent BSA to the ESC provided that: a. the appointee is eligible to be a member of the ESC; and b. the appointment does not render the constitution of the ESC contrary to section 4(1). (6) If: a. the ESC does not meet the requirements of section 4(1); and b. the Chair of the ESC is unable to appoint a member of the incumbent BSA in accordance with section 4(5); additional student members will be added at the discretion of the Pro Vice-Chancellor (Students and Academic Support) and the Chair of the ESC. Section 5 (Decisions of the ESC) (1) Decisions of the ESC must be decided by a simple majority vote. (2) A decisions of the ESC for the purposes of section 5(1) includes, but is not limited to: a. a decision as to whether the ESC should exercise any power under these By-Laws; or b. a decision as to whether the ESC should undertake disciplinary action for contravention of these By-Laws. (3) In the event of an evenly split vote within the ESC, the Chair of the ESC will have a casting vote. (4) All decisions of the ESC are final and binding upon all parties, subject to the right to appeal contained in section 22. Section 6 (Electoral Officers) (1) The ESC must appoint two electoral officers prior to the commencement of the campaign period. (2) The ESC must announce and provide contact information for the two electoral officers at the candidates meeting. (3) A person cannot be appointed as an electoral officer if they: a. do not consent to the appointment; or b. are currently enrolled as a student at Bond University.
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PART 3 – Candidates Meeting, Nominations and Campaign Period Section 7 (Candidates Meeting) (1) A person who does not attend the candidates meeting in person is ineligible nominate and contest the election as a candidate unless granted an exemption under section 7(5). (2) The candidates meeting will be held on Wednesday 5 October 2016 at Bond University. (3) If a person (the applicant) is unable to attend the candidates meeting, but wishes to nominate and contest the election as a candidate, they may request that they be exempt from the requirements of section 7(1) by making a request for exemption to the ESC at least 24 hours prior to the commencement of the candidates meeting. (4) In order to be valid, a request for exemption must be made via email to any member of the ESC. (5) Upon receiving a request for exemption that complies with sections 7(3) and 7(4), the ESC has the power to issue an exemption and waive the requirements of section 7(1) in so far as applies to the applicant. (6) The ESC must waive the requirements of section 7(1) if the applicant has a legitimate and compelling reason why it would be unreasonable to expect the applicant to attend the candidates meeting. (7) The ESC can require that the applicant produce reasonable evidence in order to establish the existence of a legitimate and compelling reason. (8) The campaign period will commence at the conclusion of the candidates meeting and conclude at the conclusion of the election periods. (9) The ESC must provide a ballot box at the candidates meeting. Section 7A (Nominations) (1) In order to nominate and be considered as a candidate a member must, unless section 7A(4) applies; a. register their intention to nominate with the ESC before the candidates meeting; b. complete the nomination form provided at the candidates meeting; and c. place the nomination form into the ballot box provided at the candidates meeting. (2) Only members are eligible to nominate. (3) A member is not eligible to nominate if they are not eligible to nominate under Article V, section 2.1 of the Constitution. (4) A member who has been granted an exemption under section 7(5) may nominate and be considered as a candidate if they: a. register their intention to nominate with the ESC before the candidates meeting; b. complete a nomination form; and c. email the completed nomination form to a member of the ESC 24 hours before the candidates meeting. (5) The ESC must print any nomination forms received in accordance with section 7A(4) and place them in the ballot box provided at the candidates meeting. (6) Nominations must not be accepted after the conclusion of the candidates meeting. (7) A member may only nominate for one position on the BSA 2016-17.
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PART 4 – Campaigning and Promotional Activities Section 8 (Promotional Activities) (1) All candidates must abide by the Election Promotions Policy contained in Appendix 1. (2) No promotional activities are to be conducted before the commencement of the campaign period. (3) Candidates cannot, whether through their promotional activities or any other activity, represent or suggest that they are in any way associated with another candidate, unless section 8(4) applies. (4) Candidates who are part of an executive pod are permitted to, whether through their promotional activities or any other activity, represent or suggest that they are associated with the other candidates who form part of the same executive pod. (5) Members of an executive pod cannot, whether through their promotional activities or any other activity, represent or suggest that they are in any way associated with another candidate who is not part of the same executive pod. (6) No promotional activity or promotional material is to: a. be in any way: i. offensive or defamatory to any person; ii. misleading or deceptive in any way; or iii. in poor taste; b. purport, represent or suggest in any way that a candidate or group of candidates has the support of any office, department or faculty of Bond University; c. purport, represent or suggest in any way that that a candidate or group of candidates has the support of the incumbent BSA or any member of the incumbent BSA; d. bring Bond University or the BSA into disrepute or by any means tarnish the reputation of Bond University or the BSA. (7) No candidate, or person acting for, on behalf of, or for the benefit of a candidate, is to: a. vandalise or damage, whether intentionally or accidentally, any property belonging to any person, entity or organisation, without the permission of that person, entity or organisation; b. behave in a manner inconsistent with honest and fair competition; c. move or alter the promotional materials of any other candidate or the property or materials of any organisation or individual promoting themselves at Bond University; d. offer: i. alcohol; ii. material related to the promotion or sale of alcohol; or iii. material related to the promotion of nightclubs, bars or taverns. Section 9 (Sponsorship) (1) No candidate is permitted to obtain a sponsor or any sponsorship without the permission of the ESC. (2) A candidate seeking to have a sponsor or sponsorship approved by the ESC must make such a request via email to any member of the ESC. (3) The ESC will consider and decide on a request under section 9(2) within a reasonable time. (4) The ESC may withhold approval for sponsorship at its discretion, unless the ESC has approved sponsorship for another candidate in very similar circumstances (see section 9(5)). (5) The circumstances will be similar if there is no reasonably justifiable reason for withholding approval for one request and not the other. (6) No representative of an organisation that is providing sponsorship for a Candidate may have a physical presence on the Bond University campus that is in any way related to the promotion of that candidate during the election period.
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Section 10 (Executive Pods) (1) Candidates are permitted to form an executive pod if: a. the proposed executive pod consists of four students; b. each of the four students are standing for a different position on the BSA executive; and c. the candidates registered their executive pod on the nomination forms collected at the candidates meeting. (2) An executive pod cannot be formed except in accordance with section 10(1). (3) Votes are still counted individually for each member of the executive pod. Section 11 (Campaigning During Election Periods) (1) During election periods all candidates must stand behind the table(s) that has been allocated to them or their executive pod by the ESC unless section 11(2) applies. (2) Candidates are permitted to leave their tables if they wish to undertake: a. an activity that is not related to the election; b. an activity that is related to the election, but does not take place on the Bond University campus; or c. another activity that has been approved by the ESC. (3) Examples of activities that are not related to the election include, but are not limited to: a. using the washroom; b. attending a class, whether offered by Bond University or otherwise; or c. purchasing or acquiring food for personal consumption. (4) Examples of activities that are related to the election but do not take place on the Bond University campus include, but are not limited to: a. purchasing or acquiring food to be offered to members; or b. purchasing or acquiring promotional materials. Section 12 (Restricted Areas During Election Periods) (1) The ESC must define a restricted area before the commencement of the election periods. (2) The restricted area will include the BSA office and a reasonable area surrounding the BSA office. (3) During election periods no candidates are permitted in the BSA office or the restricted area for any reason except for the purpose of casting their vote. (4) This section is intended to ensure that members and all other persons are able to access the Bond University Business Faculty and the BSA office without interference. Section 13 (Food) (1) Candidates may offer food to members if they obtain approval for the specific type or kind of food from: a. Bond University’s Food and Beverage Department; and b. the ESC; at least 24 hours before the commencement of the election periods. (2) The ESC may require that candidates provide evidence that approval has been obtained from Bond University’s Food and Beverage Department before granting approval. (3) The ESC can, at their discretion, refuse to grant a candidate or group of candidates approval to offer food to members. Section 13A (Expenditure) (1) A candidate is not permitted to spend more than $100 on: a. promotional activities; b. promotional materials; or c. food to be offered to members; during the campaign period. (2) Section 13A(1) applies to candidates contesting the election in an executive pod.
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For the purposes of section 13A(1), the ESC will consider money to have been spent even if a candidate receives, obtains, or acquires products, items, or services: a. gratuitously; b. from a sponsor; or c. by exchanging non-monetary consideration for the products, items, or services. If section 13A(3) applies, the market value of the products, items, or services received, obtained, or acquired will be taken to be the amount that the candidate has spent on that product, item, or service. The ESC may, at their discretion, require a candidate to produce a receipt or other evidence to demonstrate that they are not in contravention of section 13A(1).
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PART 5 – Complaints and Disciplinary Action Section 14 (Complaints Procedures) (1) Complaints against a candidate must be made to a member of the ESC. (2) The ESC must then investigate and respond to the complaint within a reasonable time. Section 15 (Disciplinary Action) (1) A candidate can only be subject to disciplinary action if he/she is an offending candidate. (2) A candidate is an offending candidate if they: a. were involved in contravening the By-Laws or Election Promotions Policy; b. were involved in failing to comply with a decision of the ESC; c. are part of an election pod with a candidate who breached the By-Laws or Election Promotions Policy; d. are part of an election pod with a candidate who failed to comply with a decision of the ESC; or e. a person, acting on behalf their behalf, acted in a way that would have constituted a breach of the By-Laws or Election Promotions Policy had the act been committed by a candidate. (3) In the event that any candidate is deemed by the ESC to be an offending candidate, or has failed to comply with a decision of the ESC, the ESC has the power to: a. issue the offending candidate with a written or oral warning; b. require the offending candidate to suspend all promotional activities for a period of time deemed appropriate by the ESC; c. require the offending candidate to remove certain promotional materials; d. require the offending candidate to cease certain promotional activities indefinitely; e. order that the offending candidate be disqualified; f. refer a matter to the Pro Vice-Chancellor; g. issue an all student notification; or h. undertake any other action that the ESC deems appropriate in the circumstances. (4) If a candidate is disqualified they are no longer eligible to stand for election for the BSA 2016-17, irrespective of the number of valid votes cast in their favour during the election periods. (5) Any disciplinary actions implemented by the ESC under section 10(3) must: a. be reasonably proportionate to the breach of the By-Laws; and b. in so far as is possible, correct or nullify any unfair advantage that the offending candidate has obtained as a result of their contravention of the By-Laws. (6) If the ESC considers it appropriate to take disciplinary action they must, if practicable: a. explain to the offending candidate the reasons why he/she is to be subject to disciplinary action; and b. allow the offending candidate an opportunity to justify or explain the breach of the By-Laws. (7) Disciplinary action may be taken by the ESC upon a finding of misconduct, regardless of whether the ESC has received a complaint. (8) The ESC will not be bound by legal rules of evidence. (9) Each decision made by the ESC regarding any disciplinary action shall be made on a case-by-case basis. (10) The Chair of the ESC must keep a record of each case in which a breach of the By-Laws led to disciplinary action, ensuring that included in the record is: a. a fair summary of the evidence submitted to, or obtained by the ESC in relation to the investigation of the breach of the By-Laws; and b. a record of the deliberations and findings of the ESC in relation to the breach of the By-Laws. (11) Decisions of the ESC may be appealed in accordance with section 22.
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PART 6 – The Election and Voting Procedures Section 16 (Election) (1) Any member is entitled to vote in the election by casting a regular vote in accordance with section 17 or a proxy vote in accordance with section 18. (2) A valid vote is: a. a regular vote cast during the election periods; or b. a proxy vote cast during the election periods. Section 17 (Casting and Counting Regular Votes) (1) The ESC must provide an electronic system to collect, record, and count the regular votes of members using such technology the ESC deems suitable for the conduct of a fair, unbiased, and efficient election. (2) A member can cast a regular vote if they: a. present themselves in person at the BSA office during the election periods to register to vote; and b. enter their vote into the electronic system provided by the ESC. (3) Regular votes will be counted by the electronic system provided by the ESC at the conclusion of the election periods. Section 18 (Casting and Counting Proxy Votes) (1) Subject to section 18(2), a member can cast a proxy vote if they: a. are unable to present themselves in person at the BSA office during the election periods; and b. complete and submit a proxy vote form to any member of the ESC during the election periods. (2) A proxy vote is only valid if the member submitting the proxy vote is able to provide evidence of a compelling and unavoidable reason for being unable to present themselves in person at the BSA office. (3) Proxy votes will be counted by the ESC at the conclusion of the election periods. (4) Every member of the ESC must be present while the proxy votes are counted. Section 19 (BSA 2016-17) (1) The BSA 2016-17 will be constituted by the candidates who, when compared to every other candidate who stood for election to the same position on the BSA 2016-17, received the most valid votes in their favour, using a first-past-the-post voting system. (2) Subject to section 20, the BSA 2016-17 will assume office at 8pm 20 October 2016. (3) Subject to section 20, the announcement of the BSA 2016-17 will occur at the Business Handover on 13 October 2016. Section 20 (By-Election) (1) In the event that two or more candidates contesting the same position obtain an equal number of valid votes, the candidate that will fill the contested position on the BSA 201617 will be determined by a By-Election to be held in Week 6 of the September Semester 2016. (2) Regulations and By-Laws regarding such a By-Election will be at the sole discretion of the ESC, and will be published three days before the By-Election is to be held. (3) A By-Election required under this section does not prevent the other candidates who are to constitute the BSA 2016-17 from assuming office in accordance with section 19(1). (4) If a position on the BSA 2016-17 cannot be filled because two or more candidates contesting that position received an equal number of valid votes in the election (the undecided position), the incumbent member of the BSA 2015-16 who held the undecided position will continue to occupy the undecided position until one of the candidates contesting the undecided position assumes office after a By-Election.
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PART 7 – The Effect of By-Laws and Appeal Procedure Section 21 (Effect of By-Laws) (1) These By-Laws are to be deemed effective as of Wednesday 28 September 2016. (2) The ESC may act upon or take disciplinary action under these By-Laws in relation to any conduct that occurred before these By-Laws came into effect if the conduct would have constituted a breach of these By-Laws had they been effective. Section 22 (Appeals) (1) A candidate has the right to appeal any decision or determination made by the ESC under, regarding, or pertaining to the Constitution or these By-Laws to the two electoral officers. (2) In order to appeal (pursuant to section 22(1)) a decision of the ESC, the candidate seeking to appeal (the appellant) must provide: a. notice of an intention to appeal to the Chair of the ESC by email within two hours of the ESC’s decision being communicated to the appellant; and b. a summary of the reasons for the appeal to one of the electoral officers by email within three hours of the ESC’s decision being communicated to the appellant. (3) The appellant may appeal any decision or determination made by the electoral officers under, regarding, or pertaining to the Constitution or these By-Laws to the Pro ViceChancellor (Students and Academic Support) once they have exhausted their right to appeal pursuant to section 22(1). (4) In order to appeal (pursuant to section 22(3)) a decision made by the electoral officers, the appellant must provide: a. notice of an intention to appeal to the Chair of the ESC by email within two hours of the electoral officer’s decision being communicated to the appellant; and b. a summary of the reasons for the appeal to the Pro-Vice Chancellor (Student and Academic Support). (5) If a candidate: a. is disqualified; b. successfully appeals their disqualification; and c. was unable to fairly and equally participate in the election as a result of their initial disqualification; a By-Election will be conducted by the ESC for the contested position at a time determined by the ESC.
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APPENDIX 1 Clause 1 (Promotions Policy) (1) This Appendix outlines the Election Promotions Policy as determined by the ESC, effective in accordance with section 8(1) of the By-Laws. (2) Lists in this appendix are not intended to be exhaustive unless expressly provided otherwise. (3) Any candidate who breaches this policy may face disciplinary action in accordance with section 10 of the By-Laws. (4) The ESC may, at any time, prohibit any promotional activity or promotional material regardless of the rules contained in this policy. Clause 2 (Approved Promotions) (1) The following promotional materials are to be taken as approved promotional materials: a. campaign shirts; b. posters, subject to clause 3; c. hats; d. badges; e. wrist bands; f. flyers, handouts, or similar materials, subject to clause 4; and g. digital signage. (2) The following promotional activities are to be taken as approved promotional activities: a. the distribution, delivery or circulation of any approved promotional materials amongst members or other persons, provided such distribution, delivery or circulation does not violate the policies, guidelines or rules of Bond University or the BUSA; b. the creation, maintenance, and operation of groups or events on any social media platform; c. the creation, maintenance, and operation of a website; and d. lecture bashing, subject to clause 4A. (3) Any promotional activity or promotional material that is not listed in clause 2(1) or 2(2) is an unlisted promotional device. Clause 3 (Posters) (1) Candidates are not permitted to leave, affix, or place posters: a. on any sandstone surface; or b. in any location not approved by the BUSA. Clause 4 (Flyers, Handouts, and Similar Materials) (1) Candidates are permitted to create flyers, handouts, or other similar materials. (2) Candidates may only distribute flyers, handouts, or other similar materials individually, by handing one of the aforementioned items to an interested person. (3) Res drops are not permitted, and candidates are not permitted to leave flyers, handouts, or other similar materials in public locations. Clause 4A (Lecture Bashing) (1) Candidates are permitted to lecture bash provided that they: a. request and receive permission from the relevant lecturer, tutor, or seminar leader; and b. forward evidence of the aforementioned permission to any member of the ESC before they attend the relevant lecture, tutorial, or seminar. (2) Permission is required for each lecture, tutorial, or seminar that a candidate wishes to attend. (3) While lecture bashing, a candidate is not permitted to undertake any promotional activities or other activities that could reasonably be expected to disrupt any lecture, tutorial, or seminar, whether or not it is the lecture, tutorial, or seminar that the candidate is attending for the purpose of lecture bashing.
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Clause 5 (Expressly Prohibited) (1) The following promotional activities and promotional materials are to be taken as being prohibited: a. stickers; and b. unsolicited online promotions, including but not limited to spam emails. Clause 6 (Acceptable by Request) (1) The ESC has the power to grant any candidate, or group of candidates, permission to employ any unlisted promotional devices. (2) A candidate or group of candidates may request permission from the ESC to employ an unlisted promotional device by emailing any member of the ESC with the details of the unlisted promotional device that they wish to employ. (3) Upon receiving a request under clause 6(2), the ESC must decide whether to grant or deny permission within a reasonable time. (4) Candidates that undertake any unlisted promotional activity prior to receiving permission from the ESC are in breach of the Election Promotions Policy. (5) The ESC has full discretion in deciding whether to grant or deny permission and will consider any requests made under clause 6(2) on a case-by-case basis.
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