LAND AGENTS ACT 1994 - NOTES
LAND AGENTS ACT 1994 - NOTES
Notes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Land Agents Act 1994 repealed the following:
Land Agents, Brokers and Valuers Act 1973
Legislation amended by principal Act
The Land Agents Act 1994 amended the following:
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1994 |
90 |
15.12.1994 |
1.6.1995 (Gazette 25.5.1995 p2198) |
|
|
1995 |
96 |
Statutes Amendment (Sunday Auctions and Indemnity Fund)
Act 1995 |
7.12.1995 |
Pt 2—7.12.1995: s 2(1) |
|
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 20)—3.2.1997 (Gazette 19.12.1996 p1923) |
|
1998 |
21 |
Statutes Amendment (Consumer Affairs) Act 1998 as amended by
22/1998 |
2.4.1998 |
|
|
1998 |
22 |
Statutes Amendment (Consumer Affairs) Amendment Act 1998 |
2.4.1998 |
2.4.1998 |
|
1999 |
33 |
17.6.1999 |
Sch (item 31)—1.7.1999 being the date specified under s 3(16) of the
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1)
1999 of the Commonwealth as the transfer date for the purposes of that Act:
s 2(2) |
|
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 21)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2001 |
32 |
Land Agents (Registration) Amendment Act 2001 |
3.8.2001 |
8.4.2002 (Gazette 4.4.2002 p1502) |
|
2001 |
47 |
Statutes Amendment (Consumer Affairs) Act 2001 |
11.10.2001 |
Pt 4 (s 11)—1.11.2001 (Gazette 25.10.2001
p4686) |
|
2004 |
29 |
Land Agents (Indemnity Fund-Growden Default) Amendment Act
2004 |
29.7.2004 |
|
|
2007 |
28 |
Statutes Amendment (Real Estate Industry Reform) Act 2007 |
2.8.2007 |
|
|
2009 |
39 |
Statutes Amendment and Repeal (Fair Trading) Act 2009 |
23.7.2009 |
|
|
2013 |
16 |
Statutes Amendment (Directors' Liability) Act 2013 |
23.5.2013 |
Pt 30 (s 60)—17.6.2013 (Gazette 6.6.2013
p2498) |
|
2013 |
17 |
Statutes Amendment (Real Estate Reform Review and Other Matters) Act
2013 |
23.5.2013 |
|
|
2013 |
71 |
Statutes Amendment (Occupational Licensing) Act 2013 |
21.11.2013 |
Pt 5 (ss 18, 19 & 21)—1.11.2014 (Gazette 9.10.2014
p6095); s 20—21.11.2015 (Gazette 29.10.2015
p4742) |
|
2017 |
7 |
Statutes Amendment and Repeal (Simplify) Act 2017 |
15.3.2017 |
Pt 16 (ss 66 & 67)—1.7.2017 (Gazette 22.6.2017
p2224) |
|
2017 |
44 |
Land Agents (Registration of Property Managers and Other Matters)
Amendment Act 2017 |
31.10.2017 |
30.4.2018 except s 5(2), (3), (4), ss 7, 9 to 12, 17, 18,
20, 21 & 23—1.2.2019 (Gazette 6.2.2018 p609) |
|
2017 |
51 |
Statutes Amendment (SACAT No 2) Act 2017 |
28.11.2017 |
Pt 25 (ss 124, 125, 127 to 141)—4.10.2018;
s 126—1.2.2019 immediately after 44/2017 s 11 commences (Gazette
28.6.2018 p2618) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
1.9.2004 |
|
|
amended by 44/2017 s 4 |
30.4.2018 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.9.2004 |
|
|
|
|
|
authorised officer |
inserted by 28/2007 s 10(1) |
28.7.2008 |
|
Court |
deleted by 51/2017 s 124(1) |
4.10.2018 |
|
legal practitioner |
substituted by 32/2001 s 3 |
8.4.2002 |
|
money |
amended by 33/1999 Sch (item 31(a)) |
1.7.1999 |
|
property manager |
inserted by 44/2017 s 5(1) |
30.4.2018 |
|
registered agent |
inserted by 28/2007 s 10(2) |
28.7.2008 |
|
registered property manager |
inserted by 44/2017 s 5(2) |
1.2.2019 |
|
registered sales representative |
inserted by 28/2007 s 10(2) |
28.7.2008 |
|
sales representative |
substituted by 28/2007 s 10(2) |
28.7.2008 |
|
|
amended by 44/2017 s 5(3) |
1.2.2019 |
|
|
(d) and (e) deleted by 44/2017 s 5(4) |
1.2.2019 |
|
Tribunal |
inserted by 51/2017 s 124(2) |
4.10.2018 |
|
Pt 2 |
|
|
|
|
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 28/2007 s 11 |
28.7.2008 |
|
|
amended by 71/2013 s 18 |
1.11.2014 |
|
inserted by 28/2007 s 12 |
28.7.2008 |
|
|
amended by 44/2017 s 6 |
30.4.2018 |
|
|
inserted by 44/2017 s 7 |
1.2.2019 |
|
|
inserted by 28/2007 s 12 |
28.7.2008 |
|
|
|
|
|
|
1.11.2001 |
||
|
inserted by 47/2001 s 11 |
1.11.2001 |
|
|
inserted by 28/2007 s 13 |
28.7.2008 |
|
|
s 7(3)—(5) |
inserted by 47/2001 s 11 |
1.11.2001 |
|
|
|
|
|
amended by 21/1998 s 16 |
28.5.1998 |
|
|
|
amended by 32/2001 s 4(a) |
8.4.2002 |
|
|
amended by 28/2007 s 14(1) |
28.7.2008 |
|
|
amended by 39/2009 s 47 |
3.9.2009 |
|
amended by 32/2001 s 4(b) |
8.4.2002 |
|
|
|
amended by 28/2007 s 14(2) |
28.7.2008 |
|
s 8A before substitution by 28/2007 |
inserted by 21/1998 s 17 |
28.5.1998 |
|
1.6.2000 |
||
|
1.6.2000 |
||
|
1.6.2000 |
||
|
substituted by 28/2007 s 15 |
28.7.2008 |
|
|
inserted by 28/2007 s 15 |
28.7.2008 |
|
|
amended by 44/2017 s 8 |
30.4.2018 |
|
|
inserted by 44/2017 s 9 |
1.2.2019 |
|
|
inserted by 28/2007 s 15 |
28.7.2008 |
|
|
inserted by 28/2007 s 15 |
28.7.2008 |
|
|
|
substituted by 51/2017 s 125 |
4.10.2018 |
|
inserted by 28/2007 s 15 |
28.7.2008 |
|
|
|
|
|
|
amended by 28/2007 s 16(1), (2) |
28.7.2008 |
|
|
amended by 28/2007 s 16(3) |
28.7.2008 |
|
|
amended by 28/2007 s 16(4), (5) |
28.7.2008 |
|
|
|
amended by 7/2017 s 66 |
1.7.2017 |
|
amended by 28/2007 s 16(6), (7) |
28.7.2008 |
|
|
amended by 28/2007 s 16(8), (9) |
28.7.2008 |
|
|
amended by 28/2007 s 16(10) |
28.7.2008 |
|
|
|
|
|
|
registered agent |
deleted by 28/2007 s 16(11) |
28.7.2008 |
|
registered person |
inserted by 28/2007 s 16(11) |
28.7.2008 |
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
s 11 before substitution by 28/2007 |
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 32/2001 s 5(a) |
8.4.2002 |
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
substituted by 32/2001 s 5(b) |
8.4.2002 |
|
inserted by 32/2001 s 5(b) |
8.4.2002 |
|
|
substituted by 28/2007 s 17 |
28.7.2008 |
|
|
inserted by 28/2007 s 17 |
28.7.2008 |
|
|
inserted by 28/2007 s 17 |
28.7.2008 |
|
|
|
substituted by 44/2017 s 10 |
1.2.2019 |
|
Pt 2AA |
inserted by 44/2017 s 11 |
1.2.2019 |
|
|
|
|
|
s 11BA(4)—(7) |
substituted by 51/2017 s 126 |
1.2.2019 |
|
deleted by 51/2017 s 126 |
1.2.2019 |
|
|
Pt 2A |
inserted by 71/2013 s 19 |
1.11.2014 |
|
|
|
|
|
amended by 44/2017 s 12 |
1.2.2019 |
|
|
amended by 51/2017 s 127(1) |
4.10.2018 |
|
|
substituted by 51/2017 s 127(2) |
4.10.2018 |
|
|
amended by 51/2017 s 127(3) |
4.10.2018 |
|
|
substituted by 51/2017 s 127(4) |
4.10.2018 |
|
|
deleted by 51/2017 s 127(4) |
4.10.2018 |
|
|
Pt 3 |
|
|
|
|
|
|
|
|
|
|
|
substituted by 28/2007 s 18 |
28.7.2008 |
|
|
substituted by 44/2017 s 13 |
30.4.2018 |
|
|
|
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 33/1999 Sch (item 31(b)) |
1.7.1999 |
|
|
substituted by 44/2017 s 14 |
30.4.2018 |
|
s 13(2) and (3) |
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
substituted by 44/2017 s 14 |
30.4.2018 |
|
amended by 33/1999 Sch (item 31(c)) |
1.7.1999 |
|
|
amended by 44/2017 s 15(1), (2) |
30.4.2018 |
|
|
|
amended by 51/2017 s 128 |
4.10.2018 |
|
amended by 33/1999 Sch (item 31(d)) |
1.7.1999 |
|
|
|
|
|
|
amended by 33/1999 Sch (item 31(e)) |
1.7.1999 |
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 33/1999 Sch (item 31(f)) |
1.7.1999 |
|
amended by 33/1999 Sch (item 31(g)) |
1.7.1999 |
|
|
|
|
|
|
amended by 51/2017 s 129(1) |
4.10.2018 |
|
|
amended by 51/2017 s 129(2) |
4.10.2018 |
|
|
|
|
|
|
amended by 51/2017 s 130 |
4.10.2018 |
|
|
1.6.2000 |
||
|
|
|
|
|
s 21(1)—(4) |
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
|
|
amended by 28/2007 s 19 |
28.7.2008 |
|
|
|
amended by 71/2013 s 20(1) |
21.11.2015 |
|
inserted by 71/2013 s 20(2) |
21.11.2015 |
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 71/2013 s 20(3) |
21.11.2015 |
|
amended by 71/2013 s 20(3) |
21.11.2015 |
|
|
|
amended by 7/2017 s 67(1) |
1.7.2017 |
|
deleted by 7/2017 s 67(2) |
1.7.2017 |
|
|
|
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 33/1999 Sch (item 31(h)) |
1.7.1999 |
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 33/1999 Sch (item 31(i)) |
1.7.1999 |
|
|
|
|
|
s 26(1) and (2) |
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
|
|
s 27(1) and (2) |
amended by 33/1999 Sch (item 33(j)) |
1.7.1999 |
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
|
|
|
amended by 33/1999 Sch (item 31(k)) |
1.7.1999 |
|
|
|
amended by 28/2007 s 20(1) |
28.7.2008 |
|
substituted by 96/1995 s 4 |
7.12.1995 |
|
|
|
amended by 28/2007 s 20(2) |
28.7.2008 |
|
|
amended by 17/2013 s 5(1)—(3) |
21.11.2013 |
|
|
amended by 44/2017 s 16(1)—(4) |
30.4.2018 |
|
inserted by 29/2004 s 4 |
1.9.2004 |
|
|
|
expires when Sch 2A expires: s 29A(5) |
|
|
|
|
|
|
s 30(1) and (2) |
substituted by 28/2007 s 21 |
28.7.2008 |
|
|
|
|
|
amended by 51/2017 s 131 |
4.10.2018 |
|
|
|
|
|
|
amended by 28/2007 s 22(1) |
28.7.2008 |
|
|
inserted by 28/2007 s 22(2) |
28.7.2008 |
|
|
amended by 28/2007 s 22(3) |
28.7.2008 |
|
|
substituted by 28/2007 s 22(4) |
28.7.2008 |
|
|
s 32(4) and (5) |
inserted by 28/2007 s 22(4) |
28.7.2008 |
|
|
|
|
|
substituted by 51/2017 s 132(1) |
4.10.2018 |
|
|
inserted by 51/2017 s 132(1) |
4.10.2018 |
|
|
amended by 51/2017 s 132(2) |
4.10.2018 |
|
|
1.6.2000 |
||
|
Pt 4 |
|
|
|
|
|
|
|
agent |
substituted by 28/2007 s 23(1) |
28.7.2008 |
|
property manager |
inserted by 44/2017 s 17 |
1.2.2019 |
|
sales representative |
substituted by 28/2007 s 23(2) |
28.7.2008 |
|
substituted by 28/2007 s 24 |
28.7.2008 |
|
|
amended by 44/2017 s 18(1), (2) |
1.2.2019 |
|
|
amended by 51/2017 s 133 |
4.10.2018 |
|
|
|
|
|
|
amended by 51/2017 s 134(1) |
4.10.2018 |
|
|
amended by 51/2017 s 134(2) |
4.10.2018 |
|
|
amended by 21/1998 s 18 |
28.5.1998 |
|
|
|
substituted by 51/2017 s 135 |
4.10.2018 |
|
|
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 28/2007 s 25 |
28.7.2008 |
|
|
amended by 17/2013 s 6(1) |
21.11.2013 |
|
|
amended by 71/2013 s 21 |
1.11.2014 |
|
|
amended by 51/2017 s 136(1) |
4.10.2018 |
|
inserted by 17/2013 s 6(2) |
21.11.2013 |
|
|
|
amended by 51/2017 s 136(2) |
4.10.2018 |
|
inserted by 17/2013 s 6(2) |
21.11.2013 |
|
|
|
amended by 51/2017 s 136(3) |
4.10.2018 |
|
amended by 51/2017 s 136(4) |
4.10.2018 |
|
|
inserted by 17/2013 s 6(3) |
21.11.2013 |
|
|
|
substituted by 44/2017 s 19 |
30.4.2018 |
|
|
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 51/2017 s 137(1) |
4.10.2018 |
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 51/2017 s 137(2) |
4.10.2018 |
|
Pt 5 |
|
|
|
inserted by 28/2007 s 26 |
28.7.2008 |
|
|
|
|
|
|
amended by 44/2017 s 20 |
1.2.2019 |
|
|
|
|
|
|
amended by 44/2017 s 21 |
1.2.2019 |
|
|
amended by 33/1999 Sch (item 31(l)) |
1.7.1999 |
|
|
|
amended by 29/2004 s 5 |
1.9.2004 |
|
|
|
|
|
amended by 28/2007 s 27(1) |
28.7.2008 |
|
|
amended by 28/2007 s 27(2) |
28.7.2008 |
|
|
inserted by 39/2009 s 48 |
3.9.2009 |
|
|
|
|
|
|
amended by 51/2017 s 138(1) |
4.10.2018 |
|
|
inserted by 51/2017 s 138(2) |
4.10.2018 |
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
s 59 |
deleted by 16/2013 s 60 |
17.6.2013 |
|
|
|
|
|
substituted by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 44/2017 s 22 |
30.4.2018 |
|
amended by 28/2007 s 28 |
28.7.2008 |
|
|
|
amended by 44/2017 s 23 |
1.2.2019 |
|
|
|
|
|
amended by 28/2007 s 29(1) |
28.7.2008 |
|
|
substituted by 28/2007 s 29(2) |
28.7.2008 |
|
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 20) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 4 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 28/2007 s 30(1)—(3) |
28.7.2008 |
|
s 65(6)—(8) |
inserted by 44/2017 s 24 |
30.4.2018 |
|
Sch 1 before deletion by 51/2017 |
|
|
|
cl (5) |
amended by 21/1998 s 19 |
28.5.1998 |
|
Sch 1 |
deleted by 51/2017 s 139 |
4.10.2018 |
|
Sch 2 |
|
|
|
cl 1 |
omitted under Legislation Revision and Publication
Act 2002 |
1.9.2004 |
|
cl 3 |
|
|
|
cl 3(4) |
amended by 29/2004 s 6 |
1.9.2004 |
|
Sch 2A |
inserted by 29/2004 s 7 |
1.9.2004 |
|
|
will expire by proclamation: cl 9(1) |
|
|
cl 3 |
|
|
|
cl 3(3) |
amended by 51/2017 s 140(1) |
4.10.2018 |
|
cl 4 |
|
|
|
cl 4(5) |
amended by 51/2017 s 140(2) |
4.10.2018 |
|
Sch 3 |
|
|
|
cl (1) |
omitted under Legislation Revision and Publication
Act 2002 |
1.9.2004 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Sunday Auctions and Indemnity
Fund) Act 1995, Sch
1—Validation of past payments out of
fund
(1) Payments out of the indemnity fund maintained under Pt 3
Div 3 of the Land Agents Act 1994 before the commencement of
this Act are to be regarded as having been lawfully made if made for a purpose
of a kind referred to in s 29 of the Land Agents Act 1994 as
amended by this Act or s 31 of the Conveyancers Act 1994 as
amended by this Act.
(2) Payments out of the fund kept under Pt 8 of the repealed Land
Agents, Brokers and Valuers Act 1973 are to be regarded as having been
lawfully made if made for any of the following purposes:
(a) the costs of investigating complaints, and of disciplinary
proceedings, against persons regulated under that Act;
(b) the costs of prosecutions for offences against that Act;
(c) costs consequent on the appointment of an administrator or examiner
under that Act;
(d) any other purpose specified by or under that Act.
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force
immediately prior to the repeal or amendment coming into operation) to an
expiation notice issued under the repealed or amended Act.
Statutes Amendment (SACAT No 2) Act 2017,
Pt 25
141—Transitional provisions
(1) A right of appeal under the principal Act in existence (but not yet
exercised) before the relevant day, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced before the Tribunal rather than the Administrative and Disciplinary
Division of the District Court.
(2) A right to lodge a complaint under section 44 of the principal
Act in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be lodged with the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(3) A decision or order of the Administrative and Disciplinary Division of
the District Court under Part 4 of the principal Act in force immediately
before the relevant day will, on and from the relevant day, be taken to be a
decision or order of the Tribunal.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) A member of
each panel of persons who may sit as assessors established under Schedule 1
of the principal Act (as in existence immediately before the relevant day)
ceases to hold office on the commencement of this subsection and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(6) In this section—
principal Act means the Land Agents
Act 1994;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the South Australian Civil and Administrative
Tribunal Act 2013.
Historical versions
|
Reprint No 1—7.12.1995 |
|
|
Reprint No 2—3.2.1997 |
|
|
Reprint No 3—28.5.1998 |
|
|
Reprint No 4—1.7.1999 |
|
|
Reprint No 5—1.6.2000 |
|
|
Reprint No 6—1.11.2001 |
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Reprint No 7—8.4.2002 |
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1.9.2004 |
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28.7.2008 |
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3.9.2009 |
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17.6.2013 |
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21.11.2013 |
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1.11.2014 |
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21.11.2015 |
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1.7.2017 |
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30.4.2018 |
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4.10.2018 |
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