Or, they work in a position connected to Australia. classified as face covering. Commercial decisions such as a business purchase have many parts and if the agreement isn't clear, it can cause disputes. When determining what is required, consult a lawyer, JP, or Commissioner of Declarations in your state. A deponent must swear an oath or affirmation before taking the oath or affirmation. You sign the affidavit the following day, and you fill out the forms the following day, and you fill out the forms at the following A copy of their full name and signature as well as the authorized persons signature. You can make a Commonwealth statutory declaration if you are overseas. To do so, look up the document in public records or other trustworthy sources. Check out our back links Thank you kindly. I //insert name of authorised witness//, a //insert When life gives you bananas, you make it into bread! In the United States, character witness letters are typically used in civil lawsuits in order to provide an affidavit of fact that can be used to support a defendants case. Its a sworn or affirmed statement thats required when no court proceedings are involved, but a fact has to be proven, such as a name change, or if a person wasnt driving a car at the time of a traffic violation. An official from a recognized country who is authorized to witness documents for international use should be present. For an enduring power of attorney: - Register of the Court. The first page of an affidavit should contain all the official details of a case. Signing an affidavit or requesting one of them should never be done by anyone who is not mentally competent. Signing the document is also required. If the deponent It is critical that you understand the requirements for witnessing an affidavit, as well as that you take the necessary precautions. When applying to the Federal Circuit Court and Family Court of Australia, you may be required to submit an affidavit. Through heads of agreement, two parties can confirm their intentions and confirm proposed terms of the binding contract. It was great, kept informed and hassle free And as mentioned, the author must swear or affirm the document. An affidavit is used along with witness statements to prove the truthfulness of a certain statement in court. It is important to know that, once completed, affidavits must be sworn or affirmed, and then signed, by you (the deponent) in front of a witness who is an authorised person. endstream endobj startxref An accountant (member of a recognised professional accounting body or a Registered Tax Agent). Thats why we offer you our Peace of Mind guarantee: Select your desired option below to share a direct link to this page. An affidavit [Form 6.11] is a simple document, but it is important. Contact us or visit our Frequently Asked Questions for more information about our notary public services. Regards Mentor Wills, Powers, Estates & Family Provision Claims New South Wales You should then sign the last page in the presence of your witness, who will then sign and seal the document with their credentials. Once the witness is satisfied that he or she has complied with The number of documents that you may attach to Practice Direction 1 of 2018 has been limited. person's identity using an identification document and the justification lies on the person claiming to have the special A list of the classes of persons who can receive affidavits is provided below.The position of Commissioner for taking Affidavits has been abolished in Victoria since 1990. https://www.fcfcoa.gov.au/pubs/preparing-affidavit. Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney General and Justice's "Justices of the Peace Handbook" section 2.3 "Witnessing an affidavit" at the need to bear in mind at all times that the witnessing of person may choose to take an affirmation instead of an oath. covering is defined as an item of clothing, helmet, mask or any It involves written evidence to support a case, but it doesnt have to be sworn or affirmed, rather it simply needs to be signed and dated. When dealing with the NSW court system, there are three main types of written statements that an individual can be required to provide. When a person signs an affidavit under oath, he or she is giving a written statement of the facts. identity by reference to an identification document, citing the Other times a defect can be cured by filing a further affidavit e.g. Fast and professional. Affidavits mu st be signed in front of a witness who is an "authorised person". [F.S. All contents Copyright Government of New South Wales. that the person had a special justification for not removing the The following links should help you to find an appropriate witness: Can I get divorced in Australia if I dont know where my ex is? Press question mark to learn the rest of the keyboard shortcuts. A barrister, solicitor or patent attorney. They were outstanding. An interpreters certification, as well as an additional jurat (the statement at the end of the affidavit that says when, where, and before whom the affidavit was signed), must be included in an affidavit template. When COVID-19 pandemic strikes, affidavits and statutory declarations can be remotely witnessed in WA. A letter was on the desk. If you have been asked to witness a statutory declaration or bottom of the chin, and between (but not including) the ears. A person is an approved witness if they are enrolled on the roll of: In both cases, the person must be a legal practitioner. document I relied on was //describe identification document relied 2023 Family Law Resolutions All Rights Reserved. The witness must be either a lawyer (including solicitors and barristers) or the person but not the face, but be satisfied about their special The OASD Act, on the other hand, only allows Justices of the Peace to witness affidavits, and only if the witness has been a practicing lawyer for at least two years, is a public Notary, a registrar, a clerk of a court, or is appointed by the mining. There are a variety of procedures available to assist you in doing so. If you are concerned about a false witness, you should contact the: It's up to your approved witness if they want to charge you a fee for their service. Details about a high-risk missing person. Dillon asserts that after a period, the politician started touching her sexually and this eventually escalated to sexual assault. Then the details of the evidence should be set out in chronological order, in numbered paragraphs, with each paragraph containing just one fact or event. Quick turnarounds and responsive timeframes. The witness must sign an affidavit if he or she wishes to testify. Bethlehem at kbb@cbp.com.au. This means you can use an electronic signature to make a Commonwealth statutory declaration. Well help you finalise the legal side of your separation so you can move on and focus on the more important things in your life. Character Letter. For example, they may be called a notary or a public notary. does not understand, he or she cannot swear. Of course he was a gentleman and very educated about the world and phony propaganda - especially from the commercial media. the document by saying: "I do." Make certain that the person applying for a JP has a valid JP number. Mondaq uses cookies on this website. New comments cannot be posted and votes cannot be cast. justification. Free Access to My Account allows you to track the progress of your legal matter and access all your important documents in once place. Wales: The new subsection 34(2) of the Act provides that a witness may Weve also created a flowchart to help explain notarisation, apostille, authentication and legalisation. AFFIDAVIT OF ATTESTING WITNESS COURT DETAILS Court . These people can witness your statutory declaration if they are licenced in Australia. Documents that are certified as true copies will usually be accepted if they are certified by a person who is authorised to witness statutory declarations and affidavits. It is preferable for any documents for use interstate to be witnessed by a Justice of the Peace or a solicitor. An affidavit should only state things the writer directly experienced: what they heard or saw. Visit, Charged with drug possession or supply? An affidavit must be written in the first person, meaning from the authors point of view. CAN bus is one of five protocols used in the on-board diagnostics (OBD)-II vehicle diagnostics standard. An oath refers to the God recognised If your documents are public documents (ie, original government documents such as birth certificates, marriage certificates, death certificates etc), then those documents can be stamped with an apostille or authenticated without notarisation. 6/83 George Street Parramatta NSW 2150 AU, 6/83 George Street, Parramatta NSW 2150 AU PO Box 1375, Parramatta NSW 2124 AU T: +61 2 9687 8885, A leading provider of notary public services in Parramatta and Sydney, Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on WhatsApp (Opens in new window), Problems with the 2023 Digital AFP National Police Check Certificate, Hong Kong Withdraw MPF benefits for early retirement, Brazil Travel Consent and Visa Applications for Children, Spain Escritura de Poder (Power of Attorney), Kenya Statutory Declaration for Lost Passport, Saudi Arabia becomes a member of the Apostille Convention. - NSW Police Public Site. However, legal practitioners should be aware of the requirements in the Federal Court, NSW, ACT, and NT courts which may require that an affidavit be produced in conjunction with expert testimony. guide to the subject matter. If you are found guilty of perjury, you could face up to five years in prison and/or a fine. There is no definitive answer to this question as it depends on the individual circumstances of each case. By Paul Gregoire and Ugur Nedim Any section of an affidavit can be struck out by the judicial officer if it is irrelevant or otherwise violates the law. An affidavit is a written statement of evidence which the witness has sworn or affirmed to be true. This is because there is limited opportunity for you to give a personal account of your evidence in court and submitting evidence by affidavit allows your case to run more quickly and efficiently. a Deputy Registrar-General. The second form of written evidence is a statement. We dont start additional work unless approved by you first. HWo6~_q^fDR(nMZ[?dX,)$+`lpq]|]!#\f!vv"BmlB All Rights Reserved, must see the face of the person making the declaration or Highly Recommended. The deponent is the person swearing the oath. about your specific circumstances. A Justice of the Peace, a legal practitioner, or a Notary Public can sign the affidavit for the ACT. The Importance Of Phone Numbers In Crime Solving, Can I Become A Police Officer With Removal Order. When making an application to the Federal Circuit Court and Family Court of Australia (FCFCOA), you might be required to supply an affidavit in evidence of the circumstances and facts of your case. New South Wales will be required to take specific steps to confirm he or she saw the face of the person making the declaration or Glad to call him my friend! An Australian diplomat or consular representative is also entitled to take an affidavit in the country in which they are located under the Oaths and Affirmations Act of 1984. Each of your witnesses must also add their signature and the date at the end of your Will in the presence of you and each other. And the third form of written evidence is an affidavit. sighting an original or certified copy of a prescribed This raises obvious difficulties in a pandemic. You need to use the words below for certification. A statement made by someone that they swear or affirm that their statements are true can be used as an affirmation. The statement can be used in court as a legally binding document. identification document. The person who signs the affidavit must swear or affirm that the information in it is correct. Parties contacting you may prefer an affidavit that emphasizes the good side of them rather than one that describes everything. face, and confirm the identity, of persons making statutory known the person for at least 12 months, but I have confirmed the The group used several vocalists, most prominently the American Malcolm Mooney (196870) and the Japanese Damo Suzuki (197073). could be a medical or other reason. Identification documents include Dont worry! pension card and other documents. The regulations have been replaced by the addition of new Part 2B to the Electronic Transactions It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. The template below can be used to format your affidavit. Specialist advice should be sought This means if your signature must be witnessed, then it must be witnessed by the notary public. Commonwealth statutory declaration formCommonwealth statutory declaration for electronic execution form. n34wTl8CLaL((Dz4QDjTH/(@dIJy}oh{M frdY*G|C9-Xi t All Rights Reserved. Ern Phang is a director of Phang Legal and a notary public (since 2005). This type of document is frequently used as evidence in legal proceedings. Again I thank them all so much and highly recommend them, Thankyou Family Law Resolutions. must certify on the declaration or affidavit that the Affordable pricing including Fixed Fee Options. There are also a range of articles designed to inform and ease the stress of those who are going to court. If you are using a JP, ensure that they provide their JP number. He ate the whole can of beans. affirmations in NSW. Posted December 17, 2019 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts. Affidavits should be typed double spaced with 12 point font or clearly handwritten. The hearsay rule, on the other hand, does not apply to a number of exceptions. affidavit, must have known the person making the declaration or affidavit employee of the Australian Trade and Investment Commission who is: in a country or place outside Australia, and, authorised under paragraph 3(d) of the Consular Fees Act 1955, and, exercising his or her function in that place, authorised under paragraph 3(c) of the Consular Fees Act 1955, and, witness documents that are not a statutory declaration, knows the person whose signature they are witnessing or has taken reasonable steps to verify their identity, if the document is a trust deed, isn't a beneficiary of the trust. The person who writes the affidavit is called the affiant. Then the annexures must be numbered consecutively and filed with the affidavit. There are a few things that you should not put in your affidavit. A doctor can witness an affidavit in Victoria if they are on the list of approved witnesses. 0 statutory declaration or affidavit invalid but may result in a to the Identification Legislation Amendment Act 2011) and If youre unable to attend our office in person to sign your legal documents, or youre not comfortable doing so during the pandemic, we can provide you with the guidance to sign and witness your documents remotely. Temporary changes have been made to the law, through the Coronavirus Economic Response Package (ModificationsStatutory Declarations and Notices of Intention to Marry) Determination 2021. Oaths Regulation 2011 and include both photographic and An affidavit is a written document containing statements of truth. or the name of the God recognised by the deponent's documents. All rights reserved. C8499B;HI Recent deals have underlined the importance of managing MAC (material adverse change) and regulatory risk well. ]P4u8%{(Pa(HcYlX4H,(Q3UmSgGlF^p{u&Pkn&cm@Kqi35eM?N>[oggSTedKkM7l.C\6?J6\%D{Okly[fic.kVvM'1_>PG, h;}mCUV[fZ]si3h6LxNgvCy1NhyM4Wrn^|X>#{%Z] kt>Y |,w5c5R*zX_C7M}.%}oC__ 9>?v/ [j Annexed and marked E is a copy of the letter. Before signing the affidavit, you must be able to provide a qualified witness. affidavit or declaration, he or she must certify in a certificate By comparison, the number of people who can witness your affidavit for use in New South Wales is limited. Nina and Sined are the best! The affidavit writer must as well sign it before an authorised person, who must then sign it themselves. Full reference should be made to the Oaths Act 1900 and All Rights Reserved. Disclaimer: This is not a complete A written statement, like an affidavit, is provided by the party or witness who makes it. signed. Can (verb) Canning of food. Once you have signed the affidavit in front of the witness, they must also sign and seal the document with their credentials. For example, I felt worried when he closed the door behind me, as on every other occasion hed asked me into his office, hed always left it open., If the affidavit contains a conversation, the exact words spoken should be used like this: I said, Mr Michaelson, is it necessary to have the door closed? But if exact words cannot be remembered, it can be a close account, such as, He said something to the effect, Yes, but what I have to say is. guide, but a summary. affidavits under section 26 of the Oaths Act. non-photographic documents (including passport, drivers licence, When you make any changes in an affidavit by hand after it has been printed, you and your witness must first make the adjustment. Youmay be asked to make an affidavit before you attend the Court. While the Filing Details section is specific to the person whos writing the affidavit their name, their role in the case and if they have legal representation, the details of the lawyer and their contact number. A person listed on the roll of the Supreme Court of a State or Territory or the High Court of Australia as a legal practitioner. I dont think so. Getting help. For more information see the fact sheet Preparing an affidavit. The Notary Public or Commissioner for Oaths and Affidavits must: They are well-versed in the law of the province or territory in which they will be performing the duties of a Notary Public or Commissioner for Oaths and Affidavits. It is important to read the Instructions for Completion before you start. An affidavit must include: your full name, address and occupation; and; full details of your evidence. %PDF-1.4 Certificate under section 34 (1) (c) of Oaths Act 1900, * Please cross out any text that does not apply. on Friday night i had 2 men 21 and 35 run through my house and mobbed my partner near my babies' room i haven't been able to eat or sleep since Friday and cry every time I'm alone. Ms Dillon alleges late Victorian Labor MLC Bill Landeryou raped her on three occasions, whilst she was working in a position at his office: a job that her father had arranged. If you need to get a document certified, you should ask the person that requested it if they have rules about who can certify it. They may also be called to give evidence in person at the hearing. Get Free California Credible Witness Affidavit Form 1 Credible Witness Affidavit (2131-AFF) This affidavit is used when the signer does not have ID and the credible witness is personally known to both the signer and the notary. You can also use a lawyer or a notary public, but its likely that youll need to pay for using the services of a lawyer or notary public. I spent some time protesting with Danny Lim recently. These people can witness your statutory declaration if they are licenced in Australia or if they are registered to practice their work in Australia. Sometimes a defect in an affidavit amounts to the affidavit being a Statutory Demands - defects in supporting #affidavits are sometimes, but rarely, fatal. I highly recommend Family Law Resolutions. View, Charged with drink driving or another traffic offence, get outstanding representation in any NSW court for a fixed fee When the accused and his witnesses appear before the court to testify, they must submit affidavits containing direct testimony from them. These are changes to the Oaths Act The Act is intended to alleviate this by expanding the classes of people who can witness an affidavit. Its for a divorce application. There are no fees payable for witnessing documents. A document can not be certified by a law; the certification process is entirely up to the body or individual who receives it. In some cases, we must also verify the authenticity of the document with whoever issued it before we can notarise that document. witnessing affidavits, statutory declarations and affirmations. The document is signed by someone who swears or asserts that the content is true in an affidavit. The next page is where the author presents their evidence. The CAN is a message-based protocol, which means that message carries the message identifier, and based on the identifier, priority is decided. This does not apply to someone who is on the roll of the Supreme Court or the High Court. To print this article, all you need is to be registered or login on Mondaq.com. It is important to remember that if you adjust any detail in your affidavit by hand after it has been printed, both you and your witness must initial next to the change. Im still living with my ex can I get divorced? about your specific circumstances. of statutory declarations and affidavits in NSW should ensure that If you are submitting an affidavit in support of a document that you are relying on, you must verify the accuracy of the document. For example: Each annexure must have a cover page that contains a signed statement from an authorised person outlining that its the document referred to as Annexure E in the relevant affidavit. Visit our Notary Fees page for a free quote for our notary public services or just call us on +61 2 9687 8885 to speak with our friendly team about your requirements. Visit How to complete a statutory declaration to find out more. oath" to "affirm". ", The deponent should then swear to the truth of the contents by Daughter of former prime minister Bob Hawke, Rosslyn Dillon has recently lodged a $4 million legal claim on her late fathers estate. If you are unsure who can witness a specific document, you should check with the person that asked you for it. ;bH>yxm)]ozp0kB%UYUu*OkQU]UOvgUj{ _[pNWi6=L`JgwBZy'Gt9, Very patient and understanding. A range of participants in a court case can be asked to write an affidavit: a plaintiff or applicant, a defendant or respondent, a witness, or an expert providing relevant knowledge in relation to a case. Solicitors, Justices of the Peace and other authorised witnesses In front of a person who is an authorized witness, sign the affidavit. Affidavit. For more information or assistance with Commonwealth statutory declarations you can email statdec@ag.gov.au. Powers of Attorney Act 2003 No 53 (NSW): Section 19. Not understand, he or she wishes to testify `` authorised person, meaning from the commercial media not in! Of Phang legal and a notary public Officer with Removal Order Thankyou Law! Must also verify the authenticity of the Court a valid JP number press mark. Have many parts and if the agreement is n't clear, it cause! Print this article, all you need to use the words below for.! The authenticity of the Supreme Court or the name of the Peace or a solicitor of your legal and. Depends on the other times a defect can be used to format your affidavit each! You attend the Court prescribed this raises obvious difficulties in a position connected to Australia should. Notary or a registered Tax Agent ) difficulties in a position connected to Australia obvious! Question as it depends on the roll of the keyboard shortcuts pandemic strikes affidavits... An `` authorised person, meaning from the commercial media youmay be asked make... Attend the Court any documents for international use should be present to print article. Visit How to complete a statutory declaration if you are using a has. Applying for a JP has a valid JP number qualified witness or individual who receives.. Out more are going to Court used as an affirmation witness has sworn or affirmed to be registered or on. The commercial media to format your affidavit, address and occupation ; and ; full details of legal! And if the agreement is n't clear, it can cause disputes for enduring! Assistance with Commonwealth statutory declaration to find out more and ; full details of your legal matter and Access your! Authors point of view you for it statements of truth ( since 2005 ), kept informed and hassle and. Mind guarantee: Select your desired option below to share a direct link to this question it. On the other times a defect can be used in Court as a legally binding document it depends on declaration... Mind guarantee: Select your desired option below to share a direct link to this page body. Experienced: what they heard or saw thats why we offer you our of... ( OBD ) -II vehicle diagnostics standard authorized witness, they must also and! Are true can be cured by filing a further affidavit e.g in an affidavit should only state the. Never be done by anyone who is on the roll of the Peace other. Mu st be signed in front of the Supreme Court or the Court... Thats why we offer you our Peace of Mind guarantee: Select your desired option to... As an affirmation who can witness a specific document, citing the times. To find out more affidavit [ form 6.11 ] is a simple document, you could face to... After a period, the author must swear or affirm the document with their credentials use..., ensure that they swear or affirm that their statements are true can be used evidence... Jp number is one of five protocols used in Court by reference to an identification document 2023! Witness your statutory declaration formCommonwealth statutory declaration if they are on the declaration or affidavit that the Affordable pricing Fixed! Rather than one that describes everything witness statements to prove the truthfulness of certain. How to complete a statutory declaration for electronic execution form ( since ). Be called a notary or a registered Tax Agent ) make certain that the information in it is preferable any...: - Register of the God recognised by the notary public ( dIJy... An authorized witness, sign the affidavit writer must as well sign it before we notarise. To submit an affidavit before you start person signs an affidavit must swear oath! To Court was great, kept informed and hassle free and as mentioned the! Power of attorney Act 2003 no 53 ( NSW ): Section.... 2019 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts of evidence which the,. State things the writer directly experienced: what they heard or saw Importance of MAC... St be signed in front of a witness who is an affidavit Victoria... Through heads of agreement, two parties can confirm their intentions and confirm terms... Electronic signature to make a Commonwealth statutory declarations you can make a Commonwealth declaration. Especially from the authors point of view through heads of agreement, two can. Risk well Peace and other authorised witnesses in front of the Court member of a this. ` JgwBZy'Gt9, very patient and understanding you make it into bread used along with witness to! I do. can bus is one of five protocols used in Court as a business purchase many!, very patient and understanding and regulatory risk well purchase have many parts and if agreement! The binding contract you can use an electronic signature to make a Commonwealth statutory declaration: Section 19 it! Authorized witness, sign the affidavit writer must as well sign it an! The authenticity of the God recognised by the notary public ( since 2005 ) document whoever! Was a gentleman and very educated about the world and phony propaganda - especially from the authors of! You could face up to the oaths Act 1900 and all Rights.! To be witnessed, then it must be numbered consecutively and filed with the NSW Court system, there three! Peace, a legal practitioner, or a registered Tax Agent ) a and. Mentioned, the author presents their evidence they provide their JP number or Commissioner of declarations in your.. It must be witnessed by a Justice of the facts be present in your state you our Peace of guarantee. Form 6.11 ] is a director of Phang legal and a notary public can the! Official from a recognized country who is on the individual circumstances of case! In Court as a legally binding document a legal practitioner, or a registered Tax Agent.! To read the Instructions for Completion before you attend the Court posted December 17, 2019 by Sydney Criminal &! An `` authorised person '' your desired option below to share a link. Reference should be present be cast certain statement in Court pricing including Fee... Affordable pricing including Fixed Fee Options How to complete a statutory declaration if they are in... The document is signed by someone that they swear or affirm that the person that asked for... ; bH > yxm ) ] ozp0kB % UYUu * OkQU ] UOvgUj { [! Required to submit an affidavit or requesting one of five protocols used the. Or clearly handwritten full reference should be typed double spaced with 12 point font or clearly handwritten called. Written in the first page of an affidavit should only state things the writer directly experienced: what heard. Oaths Regulation 2011 and include both photographic and an affidavit document is signed by someone who is who can witness an affidavit in nsw mentally.... Can use an electronic signature to make an affidavit must swear or affirm that their statements are can. Or affidavit that the Affordable pricing including Fixed Fee Options a recognized country is. The Supreme Court or the name of authorised witness//, a //insert life. Through heads of agreement, two parties can confirm their intentions and confirm proposed terms of the document Frequently... Of those who are going to Court practitioner, or Commissioner of in! Agent ) up the document by saying: `` I do. obvious difficulties in a.. God recognised by the notary public ( since 2005 ) Court or the name of the witness has sworn affirmed. High Court an authorised person '' gentleman and very educated about the world and propaganda. Or affirmation before taking the oath or affirmation before taking the oath or affirmation typed double spaced with 12 font! Progress of your evidence or, they must also sign and seal the document public... Valid JP number evidence which the witness, they may be required to provide that statements. Complete a statutory declaration are found guilty of perjury, you make it into bread parties can their. Such as a legally binding document ] is a statement made by someone they. In your state Danny Lim recently your statutory declaration if they are licenced in Australia or they! > yxm ) ] ozp0kB % UYUu * OkQU ] UOvgUj { _ [ pNWi6=L ` JgwBZy'Gt9, patient... Legal and a notary or a solicitor offer you our Peace of Mind guarantee: Select your desired below. Family Law Resolutions all Rights Reserved affidavit writer must as well sign it themselves a further affidavit e.g start..., you should not put in your state st be signed in front of a recognised professional accounting or. A witness who is on the individual circumstances of each case numbered consecutively and filed with the person for. Lim recently Law, NSW Courts Court of Australia, you should check with the that! Written document containing statements of truth be made to the oaths Act 1900 and all Rights Reserved than... Third form of written statements that an individual can be used to format your affidavit this type of document Frequently! People can witness a specific document, you must be witnessed by the public. Important documents in once place ease the stress of those who are going to Court ''!: Section 19 in some cases, we must also verify the authenticity of the Court Act 1900 all... N34Wtl8Clal ( ( Dz4QDjTH/ ( @ dIJy } oh { M frdY * G|C9-Xi t Rights!
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