Correction, your workaround works great but unfortunately macOS beta 5 does not resolve the issue. I've updated my feedback assistant ticket.

thanks @nkalvi I tested out your workaround and works like a charm! In the meantime, apple has released macos 13 beta 5 that resolved the issue so my original code now works without your workaround. I got a reply from apple feedback assistant as well confirming this. thanks, thiezn

Thank @antarian, I was scratching my head on this one and indeed am experiencing the same behaviour