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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Dangerous Prisoners (Sexual
Offenders) Amendment
Bill 2007
Queensland
Dangerous Prisoners (Sexual Offenders)
Amendment Bill 2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 16 (Conditions for supervised release) . . . . . . . 4
4 Amendment of s 20 (Summons or warrant for released prisoner
suspected of contravening a supervision order or interim
supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s 21 (Contravention of supervision order or
interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
21 Interim order concerning custody generally . . . . . . . . 6
6 Amendment of s 22 (Court may make further order) . . . . . . . . . . 6
7 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22A Appearance by Attorney-General . . . . . . . . . . . . . . . . 8
8 Amendment of s 25 (Duty to disclose) . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new s 43B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
43B Offence of contravening supervision order or interim
supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 45 (Other hearings) . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 49 (Appearance at hearings). . . . . . . . . . . . . . . 9
12 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 7 Transitional provisions for Dangerous
Prisoners (Sexual Offenders) Amendment Act
2007
57 Application of amended Act to previous orders . . . . . 10
58 Transitional statements for particular provisions. . . . . 10
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 11
2007
A Bill
for
An Act to amend the Dangerous Prisoners (Sexual Offenders)
Act 2003
s1 4 s4
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Dangerous Prisoners (Sexual 3
Offenders) Amendment Act 2007. 4
Clause 2 Act amended 5
This Act amends the Dangerous Prisoners (Sexual Offenders) 6
Act 2003. 7
Clause 3 Amendment of s 16 (Conditions for supervised release) 8
Section 16(1)-- 9
insert-- 10
`(da) comply with every reasonable direction of a corrective 11
services officer; and'. 12
Clause 4 Amendment of s 20 (Summons or warrant for released 13
prisoner suspected of contravening a supervision order 14
or interim supervision order) 15
(1) Section 20, heading, `Summons or warrant'-- 16
omit, insert-- 17
`Warrant'. 18
(2) Section 20(2), from `apply for' to `a warrant'-- 19
omit, insert-- 20
`apply for a warrant'. 21
(3) Section 20(3), `summons or'-- 22
omit. 23
(4) Section 20(4) and (5)-- 24
omit, insert-- 25
s5 5 s5
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`(4) However, the warrant may be issued only if the complaint is 1
under oath.'. 2
(5) Section 20(6), `summons or'-- 3
omit. 4
(6) Section 20(8)-- 5
renumber as section 20(9). 6
(7) Section 20(7)-- 7
omit, insert-- 8
`(7) If the magistrate issues a warrant under subsection (3), the 9
commissioner of the police service or the chief executive must 10
give a copy of the warrant to the Attorney-General within 24 11
hours after the warrant is issued. 12
`(8) The Police Powers and Responsibilities Act 2000, sections 13
800 to 802, apply to the application for the warrant-- 14
(a) as if the warrant were a prescribed authority, within the 15
meaning of section 800 of that Act, that could be 16
obtained under that Act; and 17
(b) if the application is made by a corrective services 18
officer, as if the corrective services officer were a police 19
officer. 20
Note-- 21
The Police Powers and Responsibilities Act 2000, sections 800 to 802 22
provide for obtaining prescribed authorities by phone, fax, radio, email 23
or another similar facility.'. 24
(8) Section 20(9), as renumbered, from `affect'-- 25
omit, insert-- 26
`affect the court's ability to make a further order under section 27
22.'. 28
Clause 5 Replacement of s 21 (Contravention of supervision order 29
or interim supervision order) 30
Section 21-- 31
omit, insert-- 32
s6 6 s6
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`21 Interim order concerning custody generally 1
`(1) This section applies if a released prisoner is brought before 2
the court under a warrant issued under section 20. 3
`(2) The court must-- 4
(a) order that the released prisoner be detained in custody 5
until the final decision of the court under section 22; or 6
(b) release the prisoner under subsection (4). 7
`(3) The released prisoner may, when the issue of his or her 8
custody is raised under subsection (2), or at any time after the 9
court makes an order under that subsection detaining the 10
prisoner, apply to the court to be released pending the final 11
decision. 12
`(4) The court may order the release of the released prisoner only 13
if the prisoner satisfies the court, on the balance of 14
probabilities, that his or her detention in custody pending the 15
final decision is not justified because exceptional 16
circumstances exist. 17
`(5) If the court adjourns an application under subsection (3), the 18
court must order that the released prisoner remain in custody 19
pending the decision on the application. 20
`(6) If the court orders the released prisoner's release, the court 21
must order that the prisoner be released subject to the existing 22
supervision order or existing interim supervision order (each 23
the existing order) or subject to the existing order as amended 24
by the order of the court.'. 25
Clause 6 Amendment of s 22 (Court may make further order) 26
(1) Section 22(1), after `may'-- 27
insert-- 28
`, subject to subsection (2)'. 29
(2) Section 22(1)(b), from `and the court' to `section 13(1)'-- 30
omit. 31
(3) Section 22(2) to (4)-- 32
omit, insert-- 33
s6 7 s6
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`(2) Unless the released prisoner satisfies the court, on the balance 1
of probabilities, that the adequate protection of the 2
community can, despite the contravention or likely 3
contravention of the order, be ensured by the order or the 4
order as amended under subsection (1)(a), the court must-- 5
(a) if the order is a supervision order--under subsection 6
(1)(b), rescind the order and make a continuing 7
detention order; or 8
(b) if the order is an interim supervision order--under 9
subsection (1)(c), rescind the order and make an order 10
that the released prisoner be detained in custody for the 11
period stated in the order. 12
`(3) For the purpose of deciding whether to make a continuing 13
detention order as mentioned in subsection (2)(a), the court 14
may do any or all of the following-- 15
(a) act on any evidence before it or that was before the court 16
when the supervision order was made; 17
(b) make any order necessary to enable evidence of a kind 18
mentioned in section 13(4) to be brought before it, 19
including an order in the nature of a risk assessment 20
order. 21
`(4) To remove any doubt, it is declared that the court need not 22
make an order in the nature of a risk assessment order if the 23
court is satisfied that the evidence otherwise available under 24
subsection (3) is sufficient to make a decision under 25
subsection (2)(a). 26
`(5) If the court makes an order in the nature of a risk assessment 27
order, the psychiatrist or each psychiatrist examining the 28
released prisoner must prepare a report about the released 29
prisoner and, for that purpose, section 11 applies. 30
`(6) For applying section 11 to the preparation of the report-- 31
(a) section 11(2) applies with the necessary changes; and 32
(b) section 11(3) only applies to the extent that a report or 33
information mentioned in the subsection has not 34
previously been given to the psychiatrist.'. 35
s7 8 s9
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Clause 7 Insertion of new s 22A 1
Part 2, division 5-- 2
insert-- 3
`22A Appearance by Attorney-General 4
`The Attorney-General has a right of appearance before the 5
court hearing a matter under section 21 or 22 and may do any 6
or all of the following-- 7
(a) make submissions; 8
(b) call evidence; 9
(c) test the evidence before the court.'. 10
Clause 8 Amendment of s 25 (Duty to disclose) 11
(1) Section 25(1), after `order'-- 12
insert-- 13
`and for the hearing of a matter under section 22'. 14
(2) Section 25(3), from `things'-- 15
omit, insert-- 16
`things-- 17
(a) for an application for a division 3 order--at least 7 days 18
before the application is heard; or 19
(b) for the hearing of a matter under section 22--as soon as 20
practicable after-- 21
(i) the Attorney-General is given a copy of the warrant 22
issued under section 20 for the prisoner to whom 23
the matter relates; and 24
(ii) the warrant is executed.'. 25
Clause 9 Insertion of new s 43B 26
After section 43A-- 27
insert-- 28
s 10 9 s 12
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`43B Offence of contravening supervision order or interim 1
supervision order 2
`(1) A person subject to a supervision order or interim supervision 3
order who, without reasonable excuse, contravenes a 4
condition of the order commits an offence. 5
Maximum penalty--2 years imprisonment. 6
`(2) A proceeding for an offence against subsection (1) is to be 7
taken in a summary way under the Justices Act 1886.'. 8
Clause 10 Amendment of s 45 (Other hearings) 9
(1) Section 45(1), `applications'-- 10
omit, insert-- 11
`matters'. 12
(2) Section 45(1)(c), `an application'-- 13
omit, insert-- 14
`a proceeding'. 15
(3) Section 45(2), `an application'-- 16
omit, insert-- 17
`the matter'. 18
Clause 11 Amendment of s 49 (Appearance at hearings) 19
Section 49(1), from `section 13'-- 20
omit, insert-- 21
`section 13, 18, 22, 27 or 28.'. 22
Clause 12 Insertion of new pt 7 23
After section 56-- 24
insert-- 25
s 12 10 s 12
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`Part 7 Transitional provisions for 1
Dangerous Prisoners (Sexual 2
Offenders) Amendment Act 3
2007 4
`57 Application of amended Act to previous orders 5
`(1) Subject to this section, this Act as amended applies in relation 6
to any previous order. 7
`(2) This Act as amended applies to any contravention of a 8
previous order that happens after the commencement. 9
`(3) This Act as in force immediately before the amendment 10
applies, or continues to apply, in relation to any contravention 11
of a previous order that happened before the commencement. 12
`(4) In this section-- 13
amended means amended by the Dangerous Prisoners 14
(Sexual Offenders) Amendment Act 2007. 15
amendment means the amendment of this Act by the 16
Dangerous Prisoners (Sexual Offenders) Amendment Act 17
2007. 18
commencement means the commencement of this section. 19
previous order means a supervision order or an interim 20
supervision order made before the commencement. 21
`58 Transitional statements for particular provisions 22
`(1) Section 16(1)(da) does not apply to a supervision order or 23
interim supervision order that is in force at the 24
commencement (the existing order), unless the court amends 25
the conditions of the existing order to include the requirement 26
stated in the paragraph. 27
`(2) Section 43B is not effective to impose criminal liability 28
retrospectively. 29
`(3) In this section-- 30
commencement means the commencement of this section.'. 31
s 13 11 s 13
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Clause 13 Amendment of schedule (Dictionary) 1
Schedule, definition, interim detention order, `22(1)(c) or 2
(3)(c)'-- 3
omit, insert-- 4
`21(2)(a), 22(1)(c) or (2)(b)'. 5
© State of Queensland 2007
AMENDMENTS TO BILL
1
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Dangerous Prisoners (Sexual Offenders)
Amendment Bill 2007
Amendments agreed to during Consideration
1 After clause 2--
At page 4, after line 7--
insert--
`2A Insertion of new s 9AA
`After section 9--
insert--
`9AA Victim's submission relating to division 3 order
`(1) As soon as practicable after the court sets a date for the
hearing of an application for a division 3 order, the
Attorney-General must give written notice of the application
and hearing date to the following eligible person--
(a) subject to paragraph (b), the actual victim of the serious
sexual offence for which the prisoner is serving a term
or period of imprisonment;
(b) if the victim is under 18 years or has a legal incapacity,
the victim's parent or guardian.
`(2) The notice must invite the eligible person to give to the
Attorney-General, before the date stated in the notice, a
written submission stating--
(a) the person's views about any division 3 order or
conditions of release to which the prisoner should be
subject; and
(b) any other matters prescribed under a regulation.
`(3) It is sufficient compliance with subsection (1) for the
Attorney-General to give the notice to the eligible person at
the eligible person's last-known address recorded in the
eligible persons register.
2
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`(4) The Attorney-General must place before the court for the
hearing of the division 3 order any submission received from
the eligible person before the hearing date.
`(5) For the purposes of this section, the chief executive (corrective
services) is authorised, if requested by the Attorney-General,
to give to the Attorney-General details of the eligible person's
identity and contact details recorded in the eligible persons
register.'.'.
2 After clause 2--
At page 4, after line 7--
insert--
`2B Amendment of s 10 (Discontinuing application for
division 3 order)
`Section 10--
insert--
`(4) If the Attorney-General received a submission from an
eligible person in response to a notice given to the person
under section 9AA, the Attorney-General must give the
person written notice of the discontinuance of the
application.'.'.
3 After clause 2--
At page 4, after line 7--
insert--
`2C Amendment of s 13 (Division 3 orders)
`Section 13(5)(b), `conditions'--
omit, insert--
`requirements'.'.
4 Clause 3 (Amendment of s 16 (Conditions for supervised
release))
At page 4, lines 9 to 12--
3
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
omit, insert--
`(1) Section 16, heading, `Conditions'--
omit, insert--
`Requirements'.
`(2) Section 16(1)--
insert--
`(da) comply with a curfew direction or monitoring direction;
and
(db) comply with every reasonable direction of a corrective
services officer; and'.
`(3) Section 16(2), `order', second mention--
omit, insert--
`requirement'.
`(4) Section 16(2)(a), examples, `an order'--
omit, insert--
`a requirement'.'.
5 After clause 3--
At page 4, after line 12--
insert--
`3A Insertion of new s 16A
`Part 2, division 3B--
insert--
`16A Curfew and monitoring directions
`(1) The purpose of this section is to enable the movements of a
released prisoner to be restricted and to enable the location of
the released prisoner to be monitored.
`(2) A corrective services officer may give 1 or both of the
following directions to the released prisoner--
(a) a direction to remain at a stated place for stated periods
(curfew direction);
4
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Example--
a direction to remain at the released prisoner's place of residence
from 2.30p.m. to 7.00p.m. on school days, if the prisoner is not
required to be at a place of employment during these hours
(b) a direction to do 1 or both of the following (monitoring
direction)--
(i) wear a stated device;
(ii) permit the installation of any device or equipment
at the place where the released prisoner resides.
`(3) A corrective services officer may give any reasonable
directions to a released prisoner that are necessary for the
proper administration of a curfew direction or monitoring
direction.
`(4) This section and section 16(1)(da) do not limit section
16(1)(db).'.'.
6 After clause 3--
At page 4, after line 12, after clause 3A as previously
inserted--
insert--
`3B Amendment of s 19 (Amendment of conditions of
supervision order or interim supervision order)
`(1) Section 19, `conditions'--
omit, insert--
`requirements'.
`(2) Section 19--
insert--
`(3) If the court amends the requirements on an application made
by the chief executive, the court must also amend the
supervision order or interim supervision order to include the
requirements mentioned in section 16(1)(da) and (db), if the
order does not already include the requirements.
`(4) To the extent the supervision order or interim supervision
order includes a requirement mentioned in section 16(1), the
5
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
order can not be amended under this section in relation to the
requirement.'.'.
7 After clause 3--
At page 4, after line 12, after clause 3B as previously
inserted--
insert--
`3C Insertion of new s 19A
`Part 2, division 4--
insert--
`19A Removal or reinstatement of requirement to comply with
curfew direction or monitoring direction
`(1) This section applies to a requirement of a supervision order or
interim supervision order that a released prisoner comply with
a curfew direction or monitoring direction.
`(2) The court may, on application by the released prisoner,
remove the requirement if the released prisoner satisfies the
court on the balance of probabilities that the adequate
protection of the community can be ensured without the
requirement.
`(3) An application under subsection (2) may only be made--
(a) for the first time, after 2 years from the date the
requirement was included in the order; or
(b) if paragraph (a) does not apply, after 1 year from the
date an application by the released prisoner under this
section was last decided.
`(4) At the hearing of the application, the chief executive may
place before the court evidence of the released prisoner's
compliance, or noncompliance, with the order.
`(5) The court must have regard to the evidence placed before it
under subsection (4) in considering whether the adequate
protection of the community can be ensured without the
requirement.
`(6) The court may, on application made at any time by the chief
executive with the Attorney-General's consent, reinstate a
6
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
requirement of a supervision order or interim supervision
order removed under this section.'.'.
8 Clause 4 (Amendment of s 20 (Summons or warrant for
released prisoner suspected of contravening a
supervision order or interim supervision order))
At page 4, after line 18--
insert--
`(1A) Section 20(1), `condition'--
omit, insert--
`requirement'.'.
9 Clause 5 (Replacement of s 21 (Contravention of
supervision order or interim supervision order))
At page 6, lines 24 and 25--
omit, insert--
`the existing order) as amended under subsection (7).
`(7) For subsection (6), the court--
(a) must amend the existing order to include the
requirements mentioned in section 16(1)(da) and (db), if
the existing order does not already include the
requirements; and
(b) may amend the existing order to include any other
requirements the court considers appropriate to ensure
adequate protection of the community.'.
10 After clause 5--
At page 6, after line 25--
insert--
`5A Insertion of new s 21A
`After section 21--
insert--
7
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`21A Victim's submission relating to further order
`(1) As soon as practicable after the court sets a date for the
hearing for making its final decision under section 22 in
relation to the prisoner, the Attorney-General must give
written notice of the issue of the warrant and hearing date to
the following eligible person--
(a) subject to paragraph (b), the person mentioned in
section 9AA(1)(a) as the actual victim of the serious
sexual offence for which the prisoner was serving a term
or period of imprisonment;
(b) if the victim is under 18 years or has a legal incapacity,
the victim's parent or guardian.
`(2) The notice must invite the eligible person to give to the
Attorney-General, before the date stated in the notice, a
written submission stating--
(a) the person's views about any further order or conditions
of release to which the prisoner should be subject; and
(b) any other matters prescribed under a regulation.
`(3) It is sufficient compliance with subsection (1) for the
Attorney-General to give the notice to the eligible person at
the eligible person's last-known address recorded in the
eligible persons register.
`(4) The Attorney-General must place before the court for the
hearing of the division 3 order any submission received from
the eligible person before the hearing date.
`(5) For the purposes of this section, the chief executive (corrective
services) is authorised, if requested by the Attorney-General,
to give to the Attorney-General details of the eligible person's
identity and contact details recorded in the eligible persons
register.'.'.
11 Clause 6 (Amendment of s 22 (Court may make further
order))
At page 6, lines 26 to 33 and page 7, lines 1 to 35--
omit, insert--
8
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`6 Replacement of s 22 (Court may make further order)
`Section 22--
omit, insert--
`22 Court may make further order
`(1) The following subsections apply if the court is satisfied, on
the balance of probabilities, that the released prisoner is likely
to contravene, is contravening, or has contravened, a
requirement of the supervision order or interim supervision
order (each the existing order).
`(2) Unless the released prisoner satisfies the court, on the balance
of probabilities, that the adequate protection of the
community can, despite the contravention or likely
contravention of the existing order, be ensured by the existing
order as amended under subsection (7), the court must--
(a) if the existing order is a supervision order, rescind it and
make a continuing detention order; or
(b) if the existing order is an interim supervision order,
rescind it and make an order that the released prisoner
be detained in custody for the period stated in the order.
`(3) For the purpose of deciding whether to make a continuing
detention order as mentioned in subsection (2)(a), the court
may do any or all of the following--
(a) act on any evidence before it or that was before the court
when the existing order was made;
(b) make any order necessary to enable evidence of a kind
mentioned in section 13(4) to be brought before it,
including an order in the nature of a risk assessment
order.
`(4) To remove any doubt, it is declared that the court need not
make an order in the nature of a risk assessment order if the
court is satisfied that the evidence otherwise available under
subsection (3) is sufficient to make a decision under
subsection (2)(a).
`(5) If the court makes an order in the nature of a risk assessment
order, the psychiatrist or each psychiatrist examining the
9
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
released prisoner must prepare a report about the released
prisoner and, for that purpose, section 11 applies.
`(6) For applying section 11 to the preparation of the report--
(a) section 11(2) applies with the necessary changes; and
(b) section 11(3) only applies to the extent that a report or
information mentioned in the subsection has not
previously been given to the psychiatrist.
`(7) If the released prisoner satisfies the court, on the balance of
probabilities, that the adequate protection of the community
can, despite the contravention or likely contravention of the
existing order, be ensured by a supervision order or interim
supervision order, the court--
(a) must amend the existing order to include the
requirements mentioned in section 16(1)(da) and (db), if
the existing order does not already include the
requirements; and
(b) may otherwise amend the existing order in a way the
court considers appropriate--
(i) to ensure adequate protection of the community; or
(ii) for the prisoner's rehabilitation or care or
treatment.
`(8) The existing order may not be amended under subsection
(7)(b) so as to remove any requirements mentioned in section
16(1).'.'.
12 After clause 8--
At page 8, after line 25--
insert--
`8A Amendment of s 30 (Review hearing)
`Section 30--
insert--
`(4A) If the court makes the order under subsection (3)(b), the
supervision order must include the requirements mentioned in
section 16(1)(da) and (db).'.'.
10
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
13 After clause 8--
At page 8, after line 25, after clause 8A as previously
inserted--
insert--
`8B Amendment of s 31 (Appeals)
`Section 31, after `a decision'--
insert--
`of the court'.'.
14 Clause 9 (Insertion of new s 43B)--
At page 9, line 5, `condition'--
omit, insert--
`requirement'.
15 Clause 12 (Insertion of new pt 7)
At page 10, lines 23 to 27--
omit, insert--
`(1) Section 16(1)(da) and (db) do not apply to a supervision order
or interim supervision order that is in force at the
commencement (the existing order), unless the court amends
the requirements of the existing order to include the
requirements stated in the paragraphs.
`(1A) Without limiting the Acts Interpretation Act 1954, section 20,
the repeal and re-enactment of section 22 does not affect any
order made under section 22 before its repeal.'.
16 Clause 13 (Amendment of schedule (Dictionary))
At page 11, after line 1--
insert--
`(1) Schedule--
insert--
11
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
`curfew direction see section 16A(2)(a).
eligible person means a person registered as an eligible
person in relation to the prisoner on the eligible persons
register.
eligible persons register means the eligible persons register
kept under the Corrective Services Act 2006.
monitoring direction see section 16A(2)(b).
requirement, of an order, includes--
(a) a condition, including a condition of an order made
before the commencement of the Dangerous Prisoners
(Sexual Offenders) Amendment Act 2007; and
(b) a provision of an order made before the commencement
of that Act under section 16(2) or 22(1) as in force at
any time before the commencement of that Act.
`(2)'.
17 Clause 13 (Amendment of schedule (Dictionary))
At page 11, line 5--
omit, insert--
`21(2)(a) or 22(2)(b)'.
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