Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992 - As at 7 May 2019 - Act 48 of 1992


           Long Title



   1.      Short title
   3.      Purposes
   4.      Definitions
   4A.     Meaning of authorised corrective services officer
   5.      Meaning of penalty unit
   5A.     Prescribed value of particular penalty unit
   6.      Application to children and certain courts
   7.      Sentences under this Act are sentences for purposes of the Criminal Code, ch 67
   8.      Construction of references to court that made order
   8A.     Delegation of powers by proper officer


   9.      Sentencing guidelines
   10.     Court’s reasons to be stated and recorded
   11.     Matters to be considered in determining offender’s character
   12.     Court to consider whether or not to record conviction
   12A.    Convictions for offences relating to domestic violence
   13.     Guilty plea to be taken into account
   13A.    Cooperation with law enforcement authorities to be taken into account—undertaking to cooperate
   13B.    Cooperation with law enforcement authorities to be taken into account—cooperation given
   14.     Preference must be given to compensation for victims
   15.     Information or submissions for sentence
   15A.    Audiovisual link or audio link may be used to sentence


   15AA.   Definitions for pt 2A
   15AB.   Powers of court to give or review guideline judgments
   15AC.   Limitations for guideline judgments
   15AD.   Guideline judgments on own initiative
   15AE.   Guideline judgments on application
   15AF.   Right of appearance in a guideline proceeding
   15AG.   Powers of Attorney-General or director of public prosecutions
   15AH.   Relevant considerations before giving or reviewing guideline judgment
   15AI.   Procedural requirements if court decides to give or review guideline judgment
   15AJ.   Discretion of court preserved
   15AK.   Use of evidence in giving or reviewing guideline judgments
   15AL.   Relationship between guideline judgments and other sentencing matters


           Division 1 - Orders to release certain offenders

              Subdivision 1 - Interpretation

   15B.    Definitions for div 1
   15C.    Meaning of eligible drug offender
   15D.    Meaning of eligible drug offence
   15E.    Meaning of disqualifying offence
   15F.    Meaning of approved provider

              Subdivision 2 - Orders

   16.     Court may make order under this division if it does not record conviction
   17.     Making of order
   18.     Matters to which court must have regard
   19.     Order of court
   20.     Contravention of order
   21.     Termination of recognisance

           Division 2 - Recognisances for property related offences

   22.     Court may make order under this division if it does not record conviction
   23.     When court may act under this division
   24.     Adjournment and release of offender if recognisance entered into
   25.     Offender may be called on to do certain things
   26.     Offender may be called on for sentence
   27.     Offender failing to appear under recognisance or when called
   28.     Termination of recognisance

           Division 3 - Release on entering into recognisance

   29.     Court may act under this division whether or not it records conviction
   30.     Recognisance—conviction on indictment
   31.     Recognisance—summary conviction
   32.     Recognisance instead of imposing any other sentence
   33.     Termination of recognisance
   33A.    Failing to obey condition of recognisance

           Division 3AA - Offenders failing to enter into recognisances before leaving court

           33AA . Application of division
           33AB . Proper officer of court may give offender notice
           33AC . Court may issue warrant
           33AD . Orders for offender appearing before court
           33AE . Orders for particular offender failing to appear before court
           33AF . Evidentiary provision

           Division 3A - Provisions relating to forfeited recognisances

   33B.    Order for payment of amount under forfeited recognisance
   33C.    Variation or revocation of order forfeiting recognisance

           Division 4 - Orders for restitution and compensation

   34.     Court may act under this division whether or not it records conviction
   35.     Order for restitution or compensation
   36.     What order may state
   37.     Limit on imprisonment under s 36(2)
   38.     Extension of time
   39.     Directions for enforcing order of imprisonment
   39A.    Other orders available on failure to comply
   40.     Failing to appear as directed
   41.     Instalments—failing to pay
   42.     Payment of restitution or compensation
   43.     Division does not limit operation of other provisions


   43A.    Court may make order whether or not it records conviction
   43B.    Making non-contact order
   43C.    Requirements of non-contact order
   43D.    Amending or revoking non-contact order
   43E.    Order to be given to interested persons
   43F.    Contravention of non-contact order


   43G.    Definitions for pt 3B
   43H.    Record of conviction not required
   43I.    What is a banning order
   43J.    Making a banning order
   43K.    Banning order to be explained
   43L.    Amending or revoking banning order
   43M.    Banning order to be given to interested persons
   43N.    Commissioner of police service may give copy of banning order to particular persons
   43O.    Contravention of banning order


           Division 1 - General

   44.     Court may impose fine whether or not conviction recorded
   45.     Power to fine
   46.     Fine limitations of certain courts
   47.     Lesser fine than provided may be imposed
   48.     Exercise of power to fine
   49.     Single fine for 2 or more offences
   50.     Instalment order
   51.     Payment of fine

           Division 2 - Fine option orders

   52.     Definitions
   53.     Application for order if offender before court
   54.     If offender not before court written notice of right to apply for fine option order to be given
   55.     Application for order generally
   56.     (Repealed)
   56A.    Offender may apply to proper officer for fine option order
   57.     Matters to be considered on application
   58.     Proper officer must reconsider offender’s financial position
   59.     Determination of application
   60.     Application may be granted or refused
   61.     Making of order by proper officer of the court
   62.     Effect of fine option order
   63.     No liability if warrant executed in good faith and without negligence
   64.     Order to be in writing
   65.     Release from custody when order is made
   66.     Requirements of fine option orders
   67.     Directions under fine option order
   68.     Period mentioned in s 66(2) may be extended
   69.     Maximum number of hours
   70.     Fine reduced proportionate to imprisonment
   71.     Community service to be performed cumulatively
   72.     Performance of community service to be credited against fine
   73.     Payments and application of payments
   74.     Failing to comply with a requirement of an order
   75.     (Repealed)
   76.     Proper officer to determine hours of community service
   77.     (Repealed)
   78.     Effect of revoking order under s 74
   79.     Revocation of fine option order other than under s 74
   80.     Offender may be re-sentenced on revocation of order under s 79
   81.     Application for revocation
   82.     Imprisonment to be reduced proportionate to amount of fine paid or community service performed
   83.     Court to notify court that imposed fine option order
   84.     Certificates
   85.     Appeals
   86.     Hearing and determination of appeals
   87.     (Repealed)
   88.     Termination of fine option order
   89.     Original order terminated


           Division 1 - Probation orders

   90.     Court may make probation order whether or not conviction recorded
   91.     Making of an order
   92.     Effect of order
   93.     General requirements of probation order
   94.     Additional requirements of probation order
   95.     Probation order to be explained
   96.     Offender to agree to making or amending of order
   97.     Multiple offences
   98.     Application of s 32
   99.     Termination of probation order

           Division 2 - Community service orders

              Subdivision 1 - General

   100.    Court may make order whether or not conviction recorded
   101.    Making of an order
   102.    Effect of order
   103.    General requirements of community service order
   104.    (Repealed)
   105.    Community service order to be explained
   106.    Offender to agree to making or amending of order
   107.    Multiple offences
   108.    Termination of community service order

              Subdivision 2 - Community service orders mandatory for particular offences

   108A.   Definitions for sdiv 2
   108B.   When community service order must be made
   108C.   Effect if offender is also subject to other orders
   108D.   Effect if offender is detained on remand or imprisoned

           Division 3 - General

   109.    Court may make probation order and community service order for an offender
   110.    Appeal against probation order or community service order


   110A.   Making of an order
   110B.   Effect of order
   110C.   General requirements of graffiti removal order
   110D.   Graffiti removal order to be explained
   110E.   Multiple orders for single graffiti offence
   110F.   Multiple orders for multiple offences
   110G.   Successive orders
   110H.   Unpaid service to be performed cumulatively
   110I.   Termination of graffiti removal order


   111.    Court may make order only if it records conviction
   112.    Making of order
   113.    Effect of order
   114.    General requirements of intensive correction order
   115.    Additional requirements of intensive correction order
   116.    Intensive correction order to be explained
   117.    Offender to agree to making or amending of order
   118.    Multiple offences
   119.    Termination of intensive correction order


           Division 1 - Amendment and revocation of orders

   120.    Amendment and revocation of community based orders generally
   120A.   Amendment and revocation of s 108B community service order or graffiti removal order
   121.    Offender may be re-sentenced on revocation of order
   122.    Application for amendment or revocation

           Division 2 - Contravention of orders

   123.    Offence to contravene requirement of community based orders
   124.    Proceeding for offence may be brought in any Magistrates Court
   125.    Powers of Magistrates Court that convicts offender of offence against s 123(1)
   126.    Powers of Supreme Court or District Court to deal with offender
   126A.   Particular provision for driver licence disqualifications
   127.    Additional power of courts in relation to an intensive correction order
   128.    Summons or warrant for contravention of single community based order
   129.    Summons or warrant for contravention of multiple orders made by courts of different jurisdictions
   130.    Discharge of multiple community based orders where contravention taken into account
   131.    Contravention of requirements of order—judge to determine
   132.    Proceedings after end of period of order

           Division 3 - General

   133.    Authorised corrective services officers subject to direction of court
   134.    Requirements of order have effect despite appeal
   135.    Directions under community based order
   136.    Notifications following making of order
   137.    Facilitation of proof
   138.    Application of Justices Act
   139.    Court may order summons or warrant for offender’s appearance
   140.    Power of Magistrates Court under s 128(2), 129(2) or 139(2)
   141.    Community service under intensive correction order cumulative with any other community service
   142.    Offence against this part—complainant


   143.    Court not to act without recording a conviction
   144.    Sentence of imprisonment may be suspended
   145.    Effect of suspended imprisonment
   146.    Consequences of committing offence during operational period
   146A.   Summons or warrant for offender whose sentence of imprisonment has been suspended
   147.    Power of court mentioned in s 146
   148.    Imprisonment to be served immediately
   149.    Reasons not stated—order still valid
   150.    Bail Act applies if offender not dealt with immediately
   151.    (Repealed)
   151A.   Conditional release and parole for suspended sentences


           Division 1 - Preliminary

   151B.   Definitions for part
   151C.   Purpose of part and treatment orders

           Division 2 - When treatment orders may be made

   151D.   Court may make treatment order only if it records conviction
   151E.   When treatment order may be made
   151F.   When treatment order can not be made
   151G.   Particular matters for offences involving violence against another person
   151H.   Multiple offences

           Division 3 - Making treatment orders

              Subdivision 1 - Preliminary steps

   151I.   Explaining treatment order
   151J.   Offender to agree to making of order
   151K.   Adjournment for obtaining suitability assessment report
   151L.   Requirements for suitability assessment report

              Subdivision 2 - Content of treatment orders

   151M.   Content

              Subdivision 3 - Custodial part

   151N.   Custodial part of treatment order
   151O.   Orders if offender commits offence for which imprisonment may be imposed
   151P.   Considerations for taking action under s 151O

              Subdivision 4 - Rehabilitation part

   151Q.   Rehabilitation part of treatment order
   151R.   Core conditions
   151S.   Treatment program

           Division 4 - Administering treatment orders

   151T.   Review team obligations and requirement for court to consult
   151U.   Court may cancel rehabilitation part of treatment order on early completion of treatment program
   151V.   Court may amend rehabilitation part of treatment order
   151W.   Failure to comply with rehabilitation part of treatment order

           Division 5 - Ending treatment orders

   151X.   Court may revoke treatment order
   151Y.   Requirements for revocation
   151Z.   Termination of treatment orders

           Division 6 - Miscellaneous

   151ZA.  Immunity from prosecution
   151ZB.  Arrest warrants
   151ZC.  Court may remand offender in custody
   151ZD.  No appeal against particular decisions


           Division 1 - Liability

   152.    Court must record conviction
   152A.   Proper officer to give chief executive (corrective services) record of order of imprisonment
   153.    Imprisonment—liability to
   153A.   Term of imprisonment if none prescribed

           Division 2 - Calculation

   154.    Calculation of term of imprisonment
   155.    Imprisonment to be served concurrently unless otherwise ordered
   156.    Cumulative orders of imprisonment
   156A.   Cumulative order of imprisonment must be made in particular circumstances
   157.    (Repealed)
   158.    (Repealed)
   158A.   Term of imprisonment does not run if offender on bail awaiting appeal
   159.    Term of imprisonment does not run while prisoner at large
   159A.   Time held in presentence custody to be deducted

           Division 3 - Parole

   160.    Definitions for div 3
   160A.   Application of ss 160B160D
           160AA . Reduction of minimum period of imprisonment for particular offenders
   160B.   Sentence of 3 years or less and not a serious violent offence or sexual offence
   160C.   Sentence of more than 3 years and not a serious violent offence or sexual offence
   160D.   Sentence for a serious violent offence or sexual offence
   160E.   Automatic cancellation of parole release or eligibility dates
   160F.   Significance of an offender’s period of imprisonment
   160G.   Court may fix any day of sentence as parole release date
   160H.   Series of sentences involving terms of imprisonment


   161A.   When an offender is convicted of a serious violent offence
   161B.   Declaration of conviction of serious violent offence
   161C.   Calculation of number of years of imprisonment


   161D.   Meaning of serious child sex offence
   161E.   Mandatory sentence for repeat serious child sex offence


           Division 1 - Interpretation

   161F.   Meaning of category A offence, category B offence and category C offence

           Division 2 - Issue of serious drug offence certificates

   161G.   Issue of serious drug offence certificate
   161H.   Content of serious drug offence certificate
   161I.   Amendment of certificate by court to include related offence for which offender is sentenced later
   161J.   Amendment of certificate by proper officer to correct minor error
   161K.   Amendment by proper officer, or cancellation, of certificate on quashing of conviction or appeal
   161L.   Effect of amendment of certificate on date of issue
   161M.   Process for issuing or amending certificate


           Division 1 - Preliminary

           161N . Definitions for part
           161O . Meaning of criminal organisation
           161P . Meaning of participant
           161Q . Meaning of serious organised crime circumstance of aggravation

           Division 2 - Term of imprisonment for particular offenders

           161R . Court must impose term of imprisonment
           161S . Cooperation with law enforcement agencies

           Division 3 - Control orders

              Subdivision 1 - Making of orders

           161T . Court may make control order whether or not conviction recorded or other order made
           161U . Conditions
           161V . When court must make order
           161W . When court may make order—offender who was participant in criminal organisation
           161X . When court may make order—offender convicted of habitual consorting
           161Y . When court may make order—offender convicted of contravening order
           161Z . Control order to be explained
           161ZA . Offender subject to existing control order
           161ZB . Duration
           161ZC . Effect if offender is detained on remand or imprisoned

              Subdivision 2 - Amendment and revocation of orders

           161ZD . Application for amendment or revocation
           161ZE . Court may amend order or remit application
           161ZF . Court may revoke order
           161ZG . Order amending or revoking control order to be given to interested persons

              Subdivision 3 - Restrictions on use of particular information

           161ZH . Restrictions

              Subdivision 4 - Enforcement

           161ZI . Contravention of order
           161ZJ . Initial power to search and seize particular things
           161ZK . Things seized within the first 24 hours
           161ZL . Police powers for preventing contravention of control order
           161ZM . Authorised corrective services officer may give direction
           161ZN . Proceeding after order no longer in force
           161ZO . Charge must be heard and decided summarily on prosecution election
           161ZP . Constitution of Magistrates Court
           161ZQ . When Magistrates Court must abstain from jurisdiction
           161ZR . Charge may be heard and decided where defendant arrested or served
           161ZS . Time for prosecution
           161ZT . Maximum penalty for offence dealt with summarily
           161ZU . Appeals against decision to decide charge summarily

              Subdivision 5 - Corresponding control orders

           161ZV . Definitions for subdivision
           161ZW . Regulation may prescribe orders
           161ZX . Application for registration of order
           161ZY . Registration of order
           161ZZ . Referral of order to court for adaptation or modification
           161ZZA . Action by the registrar and commissioner after registration of order
           161ZZB . Effect of amended order if respondent not notified of amendment
           161ZZC . Amendment or cancellation of registered order
           161ZZD . Operation of order not affected

              Subdivision 6 - Miscellaneous

           161ZZE . Order not affected by appeal


   162.    Definitions
   163.    Indefinite sentence—imposition
   164.    Counsel for prosecution to inform court
   165.    Attorney-General’s consent
   166.    Adjournment
   166A.   Reports about offender
   166B.   Distribution of reports
   166C.   Use of reports
   167.    Evidence
   168.    Court to give reasons
   169.    Onus of proof
   170.    Standard of proof
   171.    Review—periodic
   172.    Review—application by offender imprisoned
   172A.   Distribution of reports
   172B.   Disputed report
   172C.   Review hearing
   172D.   Court not to have regard to possible order under Dangerous Prisoners (Sexual Offenders) Act 2003
   173.    Indefinite sentence discharged
   174.    Parole application if finite sentence imposed
   174A.   When parole order must be made
   174B.   Provisions for parole orders under part
   174C.   Parole provisions on cancellation of parole order
   175.    (Repealed)
   176.    Registrar of court to give report
   177.    Appeals—general
   178.    Appeals—Attorney-General
   179.    Hearings—offender to be present


   179A.   Purpose of pt 10A
   179B.   Definition for part
   179C.   Imposition of offender levy
   179D.   Subsequent sentences
   179E.   Payment of offender levy
   179F.   Enforcement of offender levy by registration
   179G.   Amounts to be satisfied before satisfying offender levy
   179H.   Effect of appeal against relevant convictions


           179I . Definitions for part
           179J . Application of part
           179K . Giving details of impact of crime on victim during sentencing
           179L . Preparation of victim impact statement
           179M . Reading aloud of victim impact statement during sentencing
           179N . Special arrangements for reading aloud of victim impact statement during sentencing


   180.    Effect of alterations in sentences
   180A.   Meaning of certain sentence provisions
   181.    Corporations entitled to aggrieved party payments
   181A.   Corporations to be fined if imprisonment is the only penalty
   181B.   Corporation fines under penalty provision
   181C.   Corporation fines under provision authorising subordinate legislation
   182.    Enforcement of order for penalty for an offender dealt with on indictment
   182A.   Court may make order for default payment of penalty
   182B.   (Repealed)
   183.    Imprisonment unless penalty paid
   184.    Imprisonment unless act done
   185.    Scale of imprisonment for non-payment of penalty
   185A.   If offender does not pay penalty under s 182A or 185
   185B.   Power of proper officer to postpone warrant
   185C.   Power of proper officer to recall warrant and issue new warrant on part payment of penalty
   186.    Reduction of imprisonment
   187.    Disqualification from holding Queensland driver licence
   188.    Court may reopen sentencing proceedings
   189.    Outstanding offences may be taken into account in imposing sentence
   190.    Magistrates Court may release offender
   191.    Effect of order under s 190
   192.    Magistrates Court to assess value of property
   193.    Payment of value or amount assessed under s 192
   194.    Restoration of property
   195.    Passport orders
   195A.   Failure to perform community service in a satisfactory way
   195B.   Access to court files by representative of community justice group in offender’s community
   195C.   Confidentiality
   195D.   Protection from liability
   196.    Regulation-making power
   197.    Forms


           Division 1 - Establishment and functions

   198.    Establishment
   199.    Functions of council
   200.    Powers of council

           Division 2 - Membership

   201.    Appointment of members
   202.    Chairperson and deputy chairperson
   203.    Term of appointment
           203A . Conditions of appointment
           203B . Vacancy in office
           203C . Council decision not invalidated by defect in appointment or vacancy

           Division 3 - Proceedings

           203D . Conduct of business
           203E . Quorum
           203F . Presiding at meetings
           203G . Conduct of meetings
           203H . Minutes

           Division 4 - Other matters

           203I . Council may engage persons to help in performing functions
           203J . Reports
   203K.   (Repealed)
   203L.   (Repealed)


   204.    General transitional provisions
   204A.   (Repealed)
   205.    Penalty Units Act 1985 references


           Division 1 - Transitional provisions before Criminal Law Amendment Act 2012

   206.    Transitional provisions for Penalties and Sentences (Serious Violent Offences) Amendment Act 1997
   207.    Transitional provisions for State Penalties Enforcement Act 1999
   208.    Transitional provisions for Criminal Law Amendment Act 2000
   209.    Transitional provision for Penalties and Sentences (Non-contact Orders) Amendment Act 2001
   210.    Transitional provisions for Criminal Law Amendment Act 2002
   211.    Transitional provision for the Sexual Offences (Protection of Children) Amendment Act 2003
   212.    Transitional provisions for the 2004 amendments—approved forms and serious violent offences
   213.    Transitional provision for s 157 (Eligibility for post-prison community based release)
   214.    Transitional provision for pt 9, div 3
   215.    Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2007
   216.    Transitional provision for Criminal Code and Other Acts Amendment Act 2008
   217.    Transitional provision for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010
   218.    Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
   219.    Transitional provision for the Justice and Other Legislation Amendment Act 2010
   220.    Transitional provision for Liquor and Other Legislation Amendment Act 2010

           Division 2 - Transitional provisions for Criminal Law Amendment Act 2012

   221.    Transitional provision for s 171
   222.    (Repealed)

           Division 3 - Transitional provision for Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012

   223.    Transitional provision for s 161E

           Division 4 - Transitional provisions for Penalties and Sentences and Other Legislation Amendment Act 2012

   224.    Retrospective application of s 179C in particular circumstances
   225.    (Repealed)

           Division 5 - Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013

   226.    Retrospective application of pt 9C in particular circumstances

           Division 6 - Transitional provisions for expiry of Drug Court Act 2000

   227.    Definitions for div 6
   228.    Application of div 6
   229.    Continuation of warrants
   230.    Dealing with offences after enforcement of warrant
   231.    Sentencing an offender after enforcement of warrant

           Division 7 - Transitional provision for Justice and Other Legislation Amendment Act 2013

   232.    Transitional provision for sch 1

           Division 8 - Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013

   233.    Application of amended s 15A

           Division 9 - Transitional provision for Youth Justice and Other Legislation Amendment Act 2014

   234.    Sentencing guidelines

           Division 10 - Transitional provisions for Criminal Law Amendment Act 2014

   235.    Application of s 13B

           Division 11 - Transitional provisions for Safe Night Out Legislation Amendment Act 2014

   236.    Sentencing guidelines
   237.    Banning orders
   238.    Community service orders required under s 108B

           Division 12 - Transitional provision for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016

   239.    Imposition of DAAR condition

           Division 13 - Transitional provision for Criminal Law (Domestic Violence) Amendment Act 2016

   240.    Sentencing submissions

           Division 14 - Transitional provision for Youth Justice and Other Legislation Amendment Act (No. 1) 2016

   241.    Sentencing guidelines

           Division 15 - Transitional provision for Health and Other Legislation Amendment Act 2016

   242.    Offence of a sexual nature taken to include references to Criminal Code, ss 208 and 209

           Division 16 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

              Subdivision 1 - Transitional provisions for repeal of Vicious Lawless Association Disestablishment Act 2013

   243.    Definitions for subdivision
   244.    Application of subdivision
   245.    Application to Supreme Court to reopen sentencing proceedings
   246.    Supreme Court may reopen sentencing proceedings
   247.    Appeals
   248.    No cause of action

              Subdivision 2 - Other transitional provisions

   249.    Making of control order for offender convicted of committing indictable offence before commencement
   250.    Application of amended s 187
   251.    Application of s 161Q to particular prescribed offences

           Division 17 - Transitional provision for Criminal Law Amendment Act 2017

   252.    Warrant for arrest of offender failing to enter into recognisance under order made before commencement

           Division 18 - Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017

   253.    Victim impact statements

           Division 19 - Transitional provision for Liquor and Other Legislation Amendment Act 2017

   254.    Banning orders

           Division 20 - Transitional provision for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019

   255.    Application of s 160B to sentencing offenders after commencement
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 1C
           SCHEDULE 2

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