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Lutheran University of Papua New Guinea Act 2012

PAPUA NEW GUINEA

Lutheran University of Papua New Guinea Act 2012.

No. 7 of 2012

Certified on: 04 OCT 2012

Lutheran University of Papua New Guinea Act 2012.

ARRANGEMENT OF SECTIONS.

PART I. - PRELIMINARY

1. Compliance with Constitutional requirements.
2. Interpretation.

"Academic Board"

"academic posts"

"affiliated institution"

"appointed by the Evangelical Lutheran Church"

"authority"

"by-laws"

"Commission for Higher Education"

"Council"

"graduate"

"Rules"

"Statute"

"this Act"

"the University"

"Church Council".

PART II. - THE UNIVERSITY.

3. Establishment and incorporation of the University.
4. Custody and use of the seal.
5. Objects of the University.
6. Powers of the University.
7. No discrimination on grounds of religion, sex, race or origin.

PART III– ADMINISTRATION.

Division 1.– Authorities, Council, etc.

8. Authorities of the University.
9. The Council.
10. Functions of the Council.
11 Academic Board.
12. Functions of the Academic Board.
13. Other Authorities.
14. Membership of Authorities Generally.

Division 2.- Disqualification and Vacation of Office.

15. Disqualifications.
16. Vacation of Office.
17. Filling of Vacancies.
18. Casual Vacancies.

Division 3.- Meetings, etc.

19. Quorum at a Meeting.
20. Voting at a Meeting.

Division 4.- Student Members on Authorities, etc.

21. Limitations on Student Members of Authorities.
22. Chairperson.
23. Committees.
24. Delegation.

PART IV. - OFFICERS.

25. Officers of the University.
26. The Chancellor.
27. The Pro Chancellor.
28. The Vice-Chancellor.
29. Powers and Functions of the Vice-Chancellor.
30. The Pro Vice-Chancellor.
31. Other Officers.

PART V. - STATUTES.

32. Statutes.
33. Approval and Publication.

PART VI. - PROPERTY, ETC.

34. Acquisition, Control and Management of Property.
35. Lands and Properties, etc., to be Transferred to the Evangelical Lutheran Church.
36. Investment Funds.
37. Borrowing.
38. Lending.

PART VII. - MISCELLANEOUS.

39. Validity of Proceedings.

PART III. - TRANSITIONAL.

40. Interim Council.
41. Powers of Interim Council.
42. Duty of Interim Council.
43. Chairperson of Interim Council.
44. Quorum.
45. Application of Part II.
46. Term of Office of Members.
47. Transfer of Evangelical Lutheran Church Institutions to the Lutheran University.
48. Officers Appointed etc., Under the Evangelical Lutheran Church Institutions Rules.
49. Savings of Contracts.
50. Actions, etc., not to Abate.
51. Repeal.

______________

No. 7 of 2012.

AN ACT

entitled

Lutheran University of Papua New Guinea Act 2012.

Being an Act to provide for the establishment and incorporation of a university to be known as the Lutheran University of Papua New Guinea and for related purposes.

MADE by the National Parliament.

PART I. PRELIMINARY.

1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.

(1) This Act, to the extent that it regulates or restricts the right to freedom of information conferred by Section 51 of the Constitution is a law that is made for the purpose of giving effect to the public interest in public order and public welfare.

(2) For the purposes of Section 53 (Protection from Unjust Deprivation of Property) of the Constitution and of this Act and of any other law, the purposes of the University are public purposes.

2. INTERPRETATION.

In this Act, unless the contrary intention appears –

"Academic Board" means the Academic Board established by Section 11;

"academic posts" includes Principalships, Directorships, Professorships, Lectureships and any other category determined by the Council from time to time;

"affiliated institution" means an institution affiliated with the University in accordance with Section 6(d);

"appointed by the Evangelical Lutheran Church" means an appointment made by the Evangelical Lutheran Church of Papua New Guinea Church Council after due process;

"authority" means an authority of the University as specified in Section 8;

"by-laws" means the by-laws of the University as approved by the Council;

"Commission for Higher Education" means the Commission for Higher Education established by the Higher Education Act 1983;

"Council" means the Council of the University established by Section 9;

"graduate" means a person whose name is inscribed on a roll to be kept by the Council of holders of academic awards or degrees conferred by the University;

"Statute" means a Statute of the University in force under Part V;

"this Act" includes the Statutes, By-Laws and Rules;

"the University" means the Lutheran University of Papua New Guinea established by this Act; and

"Church Council" means the Evangelical Lutheran Church of Papua New Guinea Church Council established under the Evangelical Lutheran Church of Papua New Guinea Act 1991.

PART II. - THE UNVERSITY.

3. ESTABLISHMENT AND INCORPORATION OF THE UNIVERSITY.

(1) The Lutheran University of Papua New Guinea is hereby established.

(2) The University is a body corporate by the name of "The Lutheran University of Papua New Guinea" with perpetual succession and common seal and shall be capable by that name of –

(a) suing and being sued; and

(b) taking, purchasing and holding real and personal property (including property devised, bequeathed or given to the university); and

(d) doing all other matters and things incidental or appertaining to a body corporate.

(3) The Council may establish or maintain as part of the University such other college or institution as it deems necessary from time to time.

4. CUSTODY AND USE OF THE SEAL.

(1) The seal of the University shall be kept in such custody as the Council directs and shall not be used except by resolution of the Council or in such other manner as is authorized by the Statutes.

(2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the University affixed to a document and shall presume that it was duly affixed.

5. OBJECTS OF THE UNIVERSITY.

(1) The University shall be dedicated to -

(a) the pursuit, advancement and dissemination of knowledge, understanding and wisdom; and

(b) the promotion of christian principles and values within the traditions of the Lutheran Church in accordance with and as outlined in the Statement of Faith of the Evangelical Lutheran Church of Papua New Guinea.

(2) In pursuing the objects specified in Subsection (1), the University shall pay particular attention to the human resource development and other development needs of Papua New Guinea and shall endeavor to achieve academic and professional excellence to meet those needs through teaching, research and community service.

6. POWERS OF THE UNIVERSITY.

The University shall have the power -

(a) to grant such degrees as are authorized by the Statutes and such diplomas, certificates or other academic awards as it determines; and

(b) to provide instruction and facilities for study, education and research to persons registered as preparing for degrees, diplomas, certificates or other awards of the University; and

(c) to provide facilities for extramural study and continuing education to persons whether members of the University or not, in such fields and in such manner as the University may from time to time determine; and

(d) to co-operate in pursuance of any of the objects of the University with any other bodies or persons to enter into agreements authorized by Statute with institutions for their affiliation with or incorporation into the University; and

(e) to appoint academic, administrative and other staff on such terms and conditions of service as the University may determine; and

(f) to provide for promoting the health and general welfare of the students of the University, including the establishment and supervision of residences; and

(g) to regulate and enforce discipline among the employees and students of the University by such measures as the University may determine; and

(h) to cancel, annual or revoke any act done in the exercise of these powers; and

(i) to do all such other acts or things as may be done under the provisions of this Act or these powers or as may be conducive to the exercise of the attainment of any of the objects of the University.

7. NO DISCRIMINATION ON GROUNDS OF RELIGION, SEX, RACE OR ORIGIN.

A person shall not be denied –

(a) admission as a student to the University; or

(b) appointment to an office or post of the University; or

(d) any benefit or privilege of the University,

on the grounds of religious or political beliefs, sex or ethnic origin.

PART III.- ADMINISTRATION.

Division 1.- Authorities, Council, etc.

8. AUTHORITIES OF THE UNIVERSITY.

The authorities of the University consist of –

(a) the Council, which is the principal executive authority of the University; and

(b) the Academic Board, which is the principal academic body of the University; and

9. THE COUNCIL.

(1) There is established a Council which consists of –

(a) the Chancellor, who shall be the Chairperson appointed by the Evangelical Lutheran Church; and

(b) the Deputy Chancellor who shall be a member of and elected by the Council; and

(d) five persons appointed by the Evangelical Lutheran Church; and

(e) four persons appointed by the Council; and

(f) one member of the full-time staff of the University elected by such staff members.

(2) Unless dismissed under Section 16, the members of the Council shall hold office for a period of three years and are eligible for reappointment only for a second consecutive term.

(3) The Council shall meet not less than three times a year.

10. FUNCTIONS OF THE COUNCIL.

(1) Subject to Subsection (2), the functions of the Council are -

(a) to promote and ensure the attainment of the objects of the University; and

(b) to determine the University mission and monitor the performance of the University in terms of its mission; and

(d) to appoint the University officers and the academic, administrative and other staff of the University; and

(e) to have the charge of the management and administration of the revenue, property and personnel of the University and the conduct of all matters relating to the University not otherwise provided for in or under subordinate legislation made in accordance with this Act; and

(f) to receive and approve the Annual Report, Annual Accounts, Audit Report thereon and the budget of the University for the next financial year; and

(g) to exercise such other powers and perform such other duties as may be conferred on it by this Act; and

(h) generally, to take such action as appears to it best calculated to promote the interest of the University.

(2) In determining any matter which directly affects the academic policy of the University, the Council shall consult with the Academic Board.

11. ACADEMIC BOARD.

There is established an Academic Board which shall consist of persons as the Council may, in accordance with the Statutes, determine.

12. FUNCTIONS OF THE ACADEMIC BOARD.

The functions of the Academic Board are —

(a) to have the control and general regulation and be responsible for the maintenance of standards of admission, instruction, education, research and examination; and

(b) to decide on matters relating to the award or conferment of degrees, diplomas, certificates and other academic distinctions; and

13. OTHER AUTHORITIES.

The composition, chairmanship, powers and functions of such other authorities as may be declared by Statute to be authorities of the University, shall be as prescribed by the Statute under which they are established.

14. MEMBERSHIP OF AUTHORITIES GENERALLY.

A person other than a student appointed or elected to an authority holds office for a period of three years and is eligible for re-appointment or re-election.

Division 2.- Disqualification and Vacation of Office.

15. DISQUALIFICATIONS.

A person who –

(a) is not of full age of 18 years, unless he is a student of the University; or

(b) is an undischarged bankrupt or has his affairs under liquidation by arrangement with his creditors; or

(c) has been convicted of an offence and sentenced to imprisonment for more than 12 months and who has not been granted free pardon or undergone the sentence; or

(d) is a person of unsound mind within the meaning of the laws relating to insanity or unsoundness of mind; or

(e) is barred from membership under the provisions of a Statute governing staff or student discipline; or

(f) has been dismissed as a leader under Division III. 2 (Leadership Code) of the Constitution,

is not qualified to be appointed or to remain as a member of an authority of the University.

16. VACATION OF OFFICE.

If a member -

(a) dies; or

(b) declines to act; or

(d) is absent without leave from three consecutive meetings of the authority; or

(e) in the case of a student:–

(i) ceases to be a student; or

(ii) ceases to reside permanently in the country; or

(f) not being a person referred to in Paragraph (e) ceases to have the qualification by virtue of which he was elected; or

(g) becomes a person referred to in Section 15,

his seat becomes vacant and shall be filled as a casual vacancy in accordance with Section 17.

17. FILLING OF VACANCIES.

Where a person ceases to be a member of an authority –

(a) on the expiration of his term of office; or

(b) for some other reason or in some other circumstances,

the election or appointment to fill the vacancy shall, subject to Section 19(2), be held or made as soon as is practicable and in any case not later than two months after the date on which the vacancy occurs.

18. CASUAL VACANCIES.

(1) In the event of a casual vacancy in an authority, a member shall be elected or appointed in accordance with the appropriate provisions relating to the election or appointment of that member to that authority and shall hold office, subject to this Act, for the residue of his predecessor's term of office.

(2) If a casual vacancy occurs within three months before the expiration of the term of office of a member, the vacancy shall not be filled for the remainder of the term.

Division 3.- Meetings, etc.

19. QUORUM AT A MEETING.

(1) Subject to Subsection (2), at a meeting of an authority, unless a Statute otherwise provides, not less than three quarters of the total number of members for the time being is a quorum.

(2) Where -

(a) at any meeting of an authority no quorum is present; and

(b) alternative arrangements are made for reconvening the meeting after an interval of not less than 24 hours; and

there shall be no requirement of quorum at that reconvened meeting.

20. VOTING AT A MEETING.

(1) All questions to be decided at a meeting of an authority shall be decided by a majority of the members present and voting.

(2) The member presiding at a meeting of an authority shall have a deliberative and in the case of an equality of votes on any question, also a casting vote.

(3) A member of an authority shall not be entitled to vote either in the authority or in any Committee thereof on any subject in which he has a direct pecuniary or conflict of interest.

Division 4.- Student Members on Authorities, etc.

21. LIMITATIONS ON STUDENT MEMBERS OF AUTHORITIES.

(1) Student members of –

(a) the Council; and

(b) the Academic Board; and

shall not –

(d) participate in the consideration of; or

(e) receive or be entitled to receive papers relating to,

reserved business.

(2) For the purpose of Subsection (1), "reserved business" includes business relating to -

(a) appointments, promotions and other matters affecting the personal affairs of staff; and

(b) admission and assessment of individual students.

(3) In any case where there is doubt as to whether business is reserved business under Subsection (2), the Chairperson of the meeting of the authority at which it is to be discussed or decided shall, in his own absolute judgment, decide whether or not it is reserved business.

22. CHAIRPERSON.

In the absence of the Chairperson of an authority at a meeting of the authority, a member elected by the members present from amongst their own number shall preside.

23. COMMITTEES.

(1) An authority may by resolution constitute and appoint such committee as it thinks fit.

(2) A committee constituted in accordance with Subsection (1) shall exercise, subject to the jurisdiction of various authorities, such powers as are conferred on it by the authority.

24. DELEGATION.

An authority may by resolution delegate any of its powers and functions (other than the power of delegation and, in the case of the Council, its power to make Statutes) to –

(a) any member of the authority; or

(b) a committee consisting of members of the authority with or without another persons; or

PART IV. - OFFICERS.

25. OFFICERS OF THE UNIVERSITY.

The Officers of the University shall be -

(a) the Chancellor; and

(b) the Pro Chancellor; and

(d) the Pro Vice-Chancellor; and

(e) such other persons in the service of the University as may be approved by the Council.

26. THE CHANCELLOR.

(1) There shall be a Chancellor who shall be appointed by the Evangelical Lutheran Church.

(2) The Chancellor shall be the ceremonial head of the University and, if present, shall preside at Convocations of the University for conferring degrees and meetings of the Council.

(3) The Chancellor shall perform such other functions and duties as may be prescribed by this Act.

27. THE PRO CHANCELLOR.

(1) There shall be a Pro Chancellor who shall be appointed by the Council.

(2) The Pro Chancellor shall, in the absence of the Chancellor, perform the functions of the Chancellor.

28. THE VICE-CHANCELLOR.

(1) There shall be a Vice-Chancellor who shall be appointed by the Council.

(2) The Vice-Chancellor shall be a full-time salaried officer of the University and matters relating to his emoluments and other terms and conditions of employment shall be as approved by Council.

29. POWERS AND FUNCTIONS OF THE VICE-CHANCELLOR.

The Vice-Chancellor shall -

(a) be the academic and administrative head of the University and shall exercise general supervision and control over the affairs of the University; and

(b) give effect to the decisions of the authorities of the University and shall ensure that the provisions of this Act are duly observed; and

(c) where in his opinion, there has arisen an emergency which requires that immediate action be taken, take such actions as he deems necessary and report the same to the next meeting of the authority which, in the ordinary course, would have dealt with the matter; and

(d) be the ex-officio Chairperson of the Academic Board and of such authorities as the Council shall determine and shall, in the absence of the Chancellor and the Pro-Chancellor, preside at any Convocation of the University for conferring degrees; and

(e) be a member ex-officio of all authorities, boards or committees of the University and be entitled to be present at and address any meeting of any staff or student bodies recognized by the University; and

(f) have the power to convene meetings of the Council, Academic Board and all other authorities, committees, sub-committees and boards of the University and staff and student bodies recognized by the University; and

(g) exercise such other powers and perform such other functions as may be prescribed by this Act.

30. THE PRO VICE-CHANCELLOR.

(1) There shall be one or more Pro Vice-Chancellors who shall be appointed by the Council.

(2) The Pro Vice-Chancellors shall, in the absence of the Vice-Chancellor, exercise the powers, perform the functions and discharge the duties of the Vice-Chancellor.

(3) The Pro Vice-Chancellors shall exercise such powers, perform such functions and discharge such duties as the Vice-Chancellor may, from time to time delegate to them, or as may be imposed or conferred on them by this Act.

31. OTHER OFFICERS.

The appointment and the powers, duties and functions of other Officers shall be as approved by the Council.

PART V. - STATUTES.

32. STATUES.

(1) The Council may make Statutes in respect of –

(a) any matter for which this Act specifically so provides; and

(b) the attainment of any of the objects of the University; and

(c) the powers and duties of the Council, Academic Board, any authority or other body or any Officer of the University; and

(d) generally, the management and government of the University.

(2) The Statutes may provide for empowering any authority or Officer of the University to make by-laws, rules or orders, not inconsistent with this Act, for -

(a) regulating any specified matter; or

(b) carrying out or giving effect to the Statutes, and any such by-law, rule or order has the same force and effect as a Statute.

(3) No Statute affecting the constitution, powers or functions of any existing authority shall be made until such authority has been afforded the opportunity to submit a written report thereon to the Council.

33. APPROVAL AND PUBLICATION.

(1) Every Statute once established shall be sealed with the Common Seal of the University.

(2) A Statute shall not be expressed to take effect from a date before the date of publication in a case where, if it so took effect -

(a) the rights of a person (other than the University) existing at the date of publication would be affected in a manner prejudicial to him; or

(b) liabilities would be imposed on a person (other than the University) in respect of anything done or omitted to be done before the date of publication.

(3) The production of –

(a) a copy of a Statute under the common seal of the University; or

(b) a document purporting to be a copy of a Statute and to have been printed by the University,

is, in all proceedings, sufficient evidence of the Statute.

(4) The Statutes made in each secular year shall be numbered in regular arithmetical series, beginning with the number 1, in the order in which they are published.

PART VI. - PROPERTY, ETC.

34. ACQUISITION, CONTROL AND MANAGEMENT OF PROPERTY.

(1) The University may acquire any property by gift, bequest or demise and agree to carry out the conditions of the gift, bequest or demise and create and administer such trust funds as are necessary or expedient for carrying out the condition.

(2) Subject to this section, the Council has the control and management of all property vested in or acquired by the University

(3) The Council shall not, except with the approval of the Evangelical Lutheran Church, alienate, mortgage, charge or demise any lands, tenements or hereditaments of the University, except by way of a lease for a term not exceeding 21 years from the time lease is made.

35. LANDS AND PROPERTIES, ETC., TO BE TRANSFERRED TO THE EVANGELICAL LUTHERAN CHURCH.

In the event that the University ceases to operate as a university, all lands, properties and other assets of the University shall be transferred to the Evangelical Lutheran Church of Papua New Guinea.

36. INVESTMENT FUNDS.

The Council may -

(a) establish one or more investment funds for the collective investment of trust funds held by or in the custody of the University; and

(b) without liability for breach of trust, bring into or withdraw from any such investment fund the whole or any part of any such trust fund.

37. BORROWING.

Subject to this Act, the Council may borrow money at interest by way of mortgage, bank overdraft or otherwise -

(a) for the purpose of carrying out or performing any of its powers, functions, duties and responsibilities; or

(b) for the repayment or partial repayment of any sum previously borrowed, within such limits and on such conditions as to security or otherwise as the Evangelical Lutheran Church approves.

38. LENDING.

(1) Subject to Subsection (2), the University shall not advance or lend money to any person without the prior consent of the Evangelical Lutheran Church.

(2) Subsection (1) does not apply to or in relation to -

(a) money to which Section 34(1) or 36 applies; or

(b) loans to members of the staff or students, or the remission or postponement of fees.

PART VII. - MISCELLANEOUS.

39. VALIDITY OF PROCEEDINGS.

No Act or proceedings of any authority or committee or by any person acting as a member thereof or as an officer of the University shall be invalidated by reason of -

(a) a defect in the appointment of such a person; or

(b) a disqualification of such a person; or

(d) a vacancy in the number of members of an authority.

PART VIII. - TRANSITIONAL.

40. INTERIM COUNCIL.

(1) Until the Council is established, there shall be an Interim Council established to govern and administer the affairs of the University.

(2) The Interim Council shall consist of –

(a) seven members appointed by the Evangelical Lutheran Church; and

(b) a member of the Evangelical Lutheran Church Council; and

(d) the Principal of the Balob Teachers College or his nominee; and

(e) the General Secretary of the Evangelical Lutheran Church of Papua New Guinea or his nominee; and

(f) the Education Secretary of the Evangelical Lutheran Church or his nominee.

(3) The Interim Council shall elect one of its members as the Chairperson.

41. POWERS OF INTERIM COUNCIL.

The Interim Council shall, have all powers, authorities, functions and duties of the Council under Part II of this Act, except those relating to the election of a Chancellor of the University.

42. DUTY OF INTERIM COUNCIL.

The Interim Council shall take such steps as may be necessary in order that the Council of the University may be duly constituted by the earliest practical date.

43. CHAIRPERSON OF INTERIM COUNCIL.

(1) The Chairperson of the Interim Council shall preside at all meetings of the Council.

(2). In the absence of the Chairperson a member elected by the members present at the meeting of the Interim Council shall preside.

(3) The Chairperson shall have in respect of the Interim Council and of the University the same powers, authorities, functions, duties and obligations in all respects at the Chancellor has under the Part II of this Act.

44. QUORUM.

At a meeting of the Interim Council four members present shall constitute the quorum.

45. APPLICATION OF PART II.

The provision of Part II apply so far as applicable and with necessary modifications and adaptations in respect to the Interim Council and of committees constituted and appointed thereby.

46. TERM OF OFFICE OF MEMBERS.

(1) Members of the Interim Council shall hold office for such period until such time as the Council is constituted under this Act.

(2) The University shall be deemed to be the same body corporate before and after the dissolution of the Interim Council and no act or thing done or commenced by them shall be affected by dissolution of that Interim Council.

47. TRANSFER OF LUTHERAN CHURCH INSTITUTIONS TO THE LUTHERAN UNIVERSITY.

(1) The Evangelical Lutheran Church may in consultation with the University incorporate some of its institutions as Colleges or Schools under the University.

(2) Without prejudicing the generality of Subsection (1), such incorporation shall include -

(a) staff and students; and

(b) buildings (but not land titles); and

(d) teaching and research facilities; and

(e) other assets and liabilities both within and outside the college campus.

48. OFFICERS APPOINTED ETC., UNDER THE EVANGELICAL LUTHERAN CHURCH INSTITUTIONS RULES.

All officers of the Evangelical Lutheran Church institutions comprising the staff transferred by Section 47(2)(a) elected, appointed or nominated by the rules of those institutions shall, on and from the date of coming into operation of this Act, hold equivalent offices in the University on the same terms and conditions as determined under those rules until –

(a) the expiry of the period for which they were elected, appointed or nominated; or

(b) the termination of their employment otherwise according to law; or

whichever first happens.

49. SAVINGS OF CONTRACTS.

All contracts, agreements, conveyances, leases, deeds, licences and other instruments and undertakings (so far as relating to any person or thing transferred by Section 49) entered into by, made with or addressed to the Evangelical Lutheran Church Institutions whether alone or with any other person, before, and in effect immediately before, the coming into operation of this Act, continue on that coming into operation, to the extent that they were previously binding on and enforceable against the Evangelical Lutheran Church Institutions to be binding and of full force and effect in every respect against or in favour of the University as if entered into, made with or addressed to the University after the coming into operation of this Act.

50. ACTIONS, ETC., NOT TO ABATE.

Where, immediately before the coming into operation of this Act, any action, arbitration or proceeding, or any cause of action, arbitration or proceeding (so far as relating to any person or thing transferred by Section 49) was pending or existing by against or in favour of the Evangelical Lutheran Church Institutions it does not, on that coining into operation, abate or discontinue or be in any way affected by any provision of this Act, but it may be prosecuted, continued and enforced by, against or in favour of the University as if this Act had not been made.

51. REPEAL.

The Lutheran University of Papua New Guinea Act 2006 is hereby repealed.

_______________

I hereby certify that the above is a fair print of the Lutheran University of Papua New Guinea Act 2012 which has been made by the National Parliament.

Acting Clerk of the National Parliament
04 OCT 2012

I hereby certify that the Lutheran University of Papua New Guinea Act 2012 was made by the National Parliament on 22 March 2012, by an absolute majority in accordance with the Constitution.

Speaker of the National Parliament
04 OCT 2012

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