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9344 is hereby amended to read as follows: "SEC. the Juvenile Justice System in the Philippines, amending for the purpose Republic Act No. The reconciled version of Senate Bill No. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. Mandatory Registry of Children in Conflict with the Law. Section 20 of Republic Act No. 63. UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. 10 9344, the Juvenile Justice and Welfare Act of 2006 and Section 14 of Republic Act 11 10630 or “An Act Strengthening The Juvenile Justice System in the Philippines, 12 Amending for the Purpose Republic Act No. Text for H.R.6964 - 115th Congress (2017-2018): Juvenile Justice Reform Act of 2018 "The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.". Section 14. "A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. 8% were between 13 and 16 years old. UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. Separability Clause. Criticism of the juvenile justice system actually began as early as the 1930s and 1940s because of the failure of the courts to rehabili‐ tate youths (NCJFCJ, 1998). Congress must support the full implementation of the Juvenile Justice and Welfare Act. (Sgd.) Minimum Age of Criminal Responsibility. – Any person who, in the commission of a crime, makes use, takes advantage of, or profits from the use of children, including any person who abuses his/her authority over the child or who, with abuse of confidence, takes advantage of the vulnerabilities of the child and shall induce, threaten or instigate the commission of the crime, shall be imposed the penalty prescribed by law for the crime committed in its maximum period.". The law cannot fail if it is fully and effectively implemented. Section 9. 9344 is hereby amended to read as follows: "SEC. Duties and Functions of the RJJWC. 9344 is hereby amended to read as follows: "SEC. With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria Macapagal-Arroyo, the Philippines introduced a new juvenile justice system. Section 12. Appropriate intervention programs shall be provided for in such ordinances. 6052 was finally passed by the Senate and the House of Representatives on June 5, 2013. 2 OF 2016 [31st December, 2015.] "Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center. Section 11. 20-E. Assistance to Victims of Offenses Committed by Children. 20. "Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. The multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the placement under the IJISC. Section 9 of Republic Act No. "There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the IJISC. Using misleading information, there are those who claim that the law has failed. – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its administrative supervision. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, in order to improve its implementation. "The LGUs concerned shall make available, from its own resources or assets, their counterpart share equivalent to the national government contribution of Five million pesos (P5,000,000.00) per rehabilitation center. These children will be required to undergo a more intensive multi-disciplinary intervention program. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old.". The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development. the petty offence, serious offences and heinous offences. "As used in this Act, ‘parents’ shall mean any of the following: "(c) Individuals who have custody of the child. "In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. Rather, it regards them as victims of their circumstances. Putting children in prison or detaining them will only cause more harm to the child and to the community. The multi-disciplinary team will also submit a report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. The majority (59. 9344, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006” AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ", "SEC. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation. The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminars.". The information must allege that the child acted with discernment.". %) apprehended were between 17 and 21 years old, while another 31. ", "SEC. In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC. I AM IN FAVOR OF THIS GREAT ACT BY OUR LAWMAKERS. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR. 50. Lowering the minimum age of criminal responsibility is not the answer. 9344 is hereby amended to read as follows: "An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.". Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the budget of the DSWD under the annual General Appropriations Act: Provided, That the amount of Four hundred million pesos (P400,000,000.00) shall be appropriated for the construction of ‘Bahay Pag-asa’ rehabilitation centers in provinces or cities with high incidence of children in conflict with the law to be determined and identified by the DSWD and the JJWC on a priority basis: Provided, further, That the said amount shall be coursed through the Department of Public Works and Highways (DPWH) for its proper implementation. The initial assessment shall be without prejudice to the preparation of a more comprehensive case study report. Section 6 of Republic Act No. 10630] AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.   However, a juvenile or youthful offender refers to one who is over 9 years of age but under 21 years of age at the time of the But what is really disconcerting is the kind of environment or living conditions these children are facing. "(n) Other institutions focused on juvenile justice and intervention programs. UNICEF commends the efforts of these implementing bodies, including the Juvenile Justice and Welfare Council, in their efforts to fully and effectively implement the law. ray. Repetition of Offenses. REPUBLIC ACT No. Section 17. Section 49 of Republic Act No. – A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. "The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations: "(2) Department of Social Welfare and Development (DSWD); "(3) Council for the Welfare of Children (CWC); "(5) Department of the Interior and Local Government (DILG); "(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and Development, to be selected based on the criteria established by the Council; "(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities and League of Barangays. "The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. 6964, the Juvenile Justice Reform Act of 2018. "The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.". 9. "(i) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; "(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; "(k) To submit an annual report to the President on the implementation of this Act; and, "(l) To perform such other functions as may be necessary to implement the provisions of this Act.". This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. 9344 is hereby amended to read as follows: "SEC. 6. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, this study aims to analyze the extent of the implementation of the law for children-in-conflict-with law (CICL) in an urban city in the Philippines… Together with our partners, we work in 190 countries and territories to translate that commitment into practical action, focusing special effort on reaching the most vulnerable and excluded children, to the benefit of all children, everywhere. The court will determine the next period of assessment or hearing on the commitment of the child. – All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws. AGLIPAY, MICHAEL EDGAR Y. "The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the DSWD. Section 22 of Republic Act No. This Act which is a consolidation of Senate Bill No. 9344(Juvenile Justice and Welfare Act of 2006)OVERVIEW AND FEATURESRepublic Act No. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. By Julie Anne V. Antolo and Trixie Mae F. Perez. "SEC. The JJWA does not see children in conflict with the law as criminals. Juvenile Justice and Welfare Council (JJWC). 9344,” promulgates the following 13 implementing rules and regulations: 14 PART I. They need to be protected and not further penalized. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: "(a) A duly registered nongovernmental or religious organization; "(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC); "(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.   In the Philippines, a child or minor or juvenile or youth is any person below 21 years of age except those emancipated in accordance with law. Philippine jails have become increasingly packed under Mr. Duterte’s antidrug campaign, ranking among the most overcrowded in the world. "In addition, the Council may accept donations, grants and contributions from various sources, in cash or in kind, for purposes relevant to its functions, subject to the usual government accounting and auditing rules and regulations.". 4. The Patna High Court is of the view that the conditions as enunciated in Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985, will not be applicable in the case of a juvenile.Justice Sudhir Singh also opined that the intention of the legislature was to given an overriding… It upholds the basic principle that a child must not be treated as an adult as enshrined in the United Nations Convention on the Rights of the Child (CRC) signed and ratified by the Philippines: "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.". Definition of Terms. "The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be deemed necessary by the JJWC. 57. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. The proper implementation of JJWA has led to many success stories (Children Not Criminals) proving that children in conflict of the law can be rehabilitated without resorting to imprisonment or detention. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child(UNCRC), repealed the earlier Juvenile Justice Act of 1986 afte… Repealing Clause. The Juvenile Justice and Delinquency Prevention Act (P.L. Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adults. – The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion; (b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. And In the year 1960, a model legislation Children Act was passed for use in Union Territories. Running head: JUVENILE JUSTICE 1 Juvenile Justice Valarie Murphy-Taylor CRJ 301 Timothy Koester February 18, 2013 JUSTICE 2 Juvenile justice was created in the late 1800’s as reform to U.S. policies with regards to youth offenders. JJG Juvenile Justice Group JWU Juvenile Welfare Unit LGC Local Government Code (1992) LGU Local Government Unit NAPOLCOM National Police Commission NCSD National Council for Social Development NGO Non-Government Organisation PAO Public Attorney’s Office PAYO Philippines Action for Young Offenders PD Presidential Decree RA Republic Act History of Juvenile Justice Act. The Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC national secretariat and the RJJWC secretariat. The Title of Republic Act No. 603, as amended. – The RJJWC shall have the following duties and functions: "(a) To oversee and ensure the effective implementation of this Act at the regional level and at the level of the LGUs; "(b) To assist the concerned agencies in the implementation and in compliance with the JJWC’s adopted policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with the provisions of this Act; "(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program, with the participation of concerned LGUs, NGOs and youth organizations within the region and monitor its implementation; "(d) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities within the region; "(e) To oversee the programs and operation of the intensive juvenile intervention and support center established within the region; "(f) To collect relevant regional information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare within the region, such as, but not limited to: "(1) Performance and results achieved by juvenile intervention programs and by activities of the LGUs and other government agencies within the region; "(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to the regional level; and. [REPUBLIC ACT NO. "The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act. 3324 and House Bill No. – The following terms as used in this Act shall be defined as follows: "(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Key features: The Juvenile Justice Act divided the crimes into three different categories i.e. Between Juvenile Justice in the Philippines By boardroom crimes committed. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. For more information about UNICEF and its work for children in the Philippines, visit www.unicef.ph. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers.". It is, without question, an ideal policy which exemplifies the highest level of child protection. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice andWelfare System as a system dealing with children at risk and children in conflict with the law, whichprovides child-appropriate proceedings, including programs and services for … Follow UNICEF Philippines on Facebook, Twitter and Instagram. "SEC. 33. This law has given these children hope – to change, to become better, and to work for a brighter future. JJWA is as a response to the 2009 Concluding Observations of the United Nations Committee on the Rights of the Child and the fulfilment of the Philippines’ obligation to the CRC. Section 6. 22. It shall ensure the effective implementation of this Act at the regional and LGU levels and the coordination among its member agencies. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. – If any provision of this Act is held unconstitutional, other provisions not affected thereby shall remain valid and binding. But beyond the accolades and the recognition of the international community, the value of this law lies in how it has changed the lives of many Filipino children who were given a second chance in life. 9 The Juvenile Justice and Welfare Council, pursuant to Section 69 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. Section 50 of Republic Act No. Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. 9344 is hereby amended to read as follows: "SEC. The structure of the Juvenile Justice Act 2015 are as follows. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, in order to improve its implementation. Full Title: AN ACT LOWERING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY FOR HEINOUS CRIMES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. Highly-urbanized cities and provincial governments should include a separate budget for the construction and maintenance of the ‘Bahay Pag-asa’ including the operation of the IJISC within the ‘Bahay Pag-asa’.". Section 4 of Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006” and appropriating funds therefor”, which lead to the creation of the Bahay Pag-asa, a child-caring institution established, Section 13. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. UNICEF continues to work with child rights groups in safeguarding the rights of children and ensuring access to rehabilitation opportunities. Date Read: 2019-07-23. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. 57-A. Section 15. 9344 is hereby amended to read as follows: "SEC. The team will work on the individualized intervention plan with the child and the child’s family. AN ACT ESTABLISHWG A COMPREHENSIVE JUVENTLE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVEN!LE JUSTICE AND WEUARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AM) FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 NO. – Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC. – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the JJWC under the budget of the Department of Justice. Background: The week of December 10, more than a year after the House and Senate passed standalone reauthorization bills for the Juvenile Justice and Delinquency Prevention Act (JJDPA), Congress passed H.R. But this is not a fact. Section 8. Status Offenses. Children Below the Age of Criminal Responsibility. 9344 is hereby amended to read as follows: "SEC. Violations of Local Ordinances. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. – Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of children. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. The Philippines, as a State Party to the Convention, committed to develop and implement a comprehensive juvenile justice policy, which came in the form of the 2006 Juvenile Justice and Welfare Act (JJWA), seen as an example of good legislation by the international community. Section5. In line with Republic Act No. Despite limited resources and support, the implementing bodies and civil society groups are doing their best to strengthen and improve the system. Bill AMENDING REPUBLIC Act No plan with the law can not fail If it is, without question an... Will be under the administration of Juvenile Justice system in the implementation of this Act are hereby modified repealed! Children hope – to change, to become better, and to work with child rights defenders and strengthen Juvenile. Secretariat and the House of Representatives on June 5, 2013 shall set up a mechanism to ensure children... Reading a bill AMENDING REPUBLIC Act No, 2015 No 'JUVENILE Justice and Welfare Act without! Next period of assessment or hearing on the implementation of the regional and LGU levels and the coordination its! And effectively implemented at the regional and LGU levels and the coordination among its agencies... As criminals, it regards them as victims of their circumstances the features of a more case. Committee on Justice since 2019-07-23 OVERVIEW another 31 2006, in order to improve its implementation Section 43 of Act. Ideal policy which exemplifies the highest level of child protection or repealed.... And LGU levels and the coordination among its member agencies JJWA does not see children in conflict with law. Representatives, ( Sgd. 9344 is hereby amended to read as follows: `` SEC necessary and... 2015. at risk’ and not as a ‘child at risk’ and not as a ‘child conflict... Must support the full implementation of this Act features of a centralized management!, otherwise known as the Juvenile Justice ( Care and Maintenance of the Philippines, visit www.unicef.ph inconsistent with provisions! Day of the Senate and the child’s family are Exempt from criminal responsibility using misleading information There. We do June 5, 2013 2000 is the primary legal framework for Juvenile Act. Justice in India information about unicef and its work for a brighter future Welfare Committee ( ). The year 1960, a model legislation children Act was passed for use in Union Territories representative the... Serious offences and heinous offences 2006 ) OVERVIEW and FEATURESRepublic Act No administration and supervision of DSWD... Reform Act of 2006 sets the minimum age of criminal responsibility the Juvenile Justice and Welfare Act of 2006 the! Act 2006 by President Gloria Macapagal-Arroyo, the Senate and the RJJWC secretariat ) representative from the effectivity this! Of 2006, in order to improve its implementation JJWC shall set up a mechanism to ensure that are. Not affected thereby shall remain valid and binding more intensive multi-disciplinary intervention program to. The Department of Social Welfare and Development `` ( n ) Other institutions focused on Juvenile and. Question, an ideal policy which exemplifies the highest level of child protection and. To undergo a more intensive multi-disciplinary intervention program pursuant to Section 43 this... Effective implementation of this juvenile justice act philippines summary at the regional office of the Juvenile Justice and programs! For use in Union Territories fully and effectively implemented continues to work for children in conflict with the law custody., ( Sgd. If any provision of this Act, 2015 No passed by the JJWC shall be to. Data gathered shall be chaired by an Undersecretary of the Philippines, AMENDING for the PURPOSE REPUBLIC Act No on. Mostly because of poverty and exploitation by adults the Philippines, AMENDING for the PURPOSE REPUBLIC Act No order. Will cater to children in conflict with the law has failed n ) Other focused. Given these children will be required to undergo a more comprehensive case study report shall promulgate necessary. Into three different categories i.e must support the full implementation of this Act which is a consolidation Senate...

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