We have the same issue in staging/master, therefore this should be, when all OK, merged to staging and not 3.3.dev
I suggest also, instead of using $contact->access = '1';
to use $contact->access = (int) JFactory::getConfig()->get('access');
and careful with the double spaces for code quality.
Tested successful thanks @alexred!
I will moving the Tracker to RTC
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