MIGRATION REGULATIONS 1994
- made under the Migration Act 1958
Table of Provisions
PART 1--PRELIMINARY
Division 1.1--Introductory
Division 1.2--Interpretation
1.03 Definitions 1.04 Adoption 1.04A Foreign Affairs recipients and Foreign Affairs students 1.04B Defence student 1.05 Balance of family test 1.05A Dependent 1.06 References to classes of visas 1.07 References to subclasses of visas 1.08 Compelling need to work 1.09 Criminal detention 1.09A De facto partner and de facto relationship 1.11 Main business 1.11A Ownership for the purposes of certain Parts of Schedule 2 1.11B ETA - eligible passport 1.11C eVisitor eligible passport 1.12 Member of the family unit 1.12AA Member of the immediate family 1.13 Meaning of nominator 1.13A Meaning of adverse information 1.13B Meaning of associated with 1.14 Orphan relative 1.14A Parent and child 1.15 Remaining relative 1.15AA Carer 1.15A Spouse 1.15B Vocational English 1.15C Competent English 1.15D Proficient English 1.15EA Superior English 1.15F Australian study requirement 1.15FAA Specified Subclass 417 work 1.15FA Specified Subclass 462 work 1.15FB Work carried out for an excluded employer 1.15G Superyachts 1.15I Skilled occupation 1.15J Excluded maritime arrival 1.15K When a person has an outstanding public health debt 1.15L Adequate arrangements for health insurance 1.15M Designated regional areas 1.15N Concession periods 1.15P COVID - 19 affected visas 1.15Q Unwanted transfer of critical technology
Division 1.3--Administration
1.16 Delegation 1.16AA Appointment of Medical Officer of the Commonwealth 1.17 Professional bodies that may nominate persons for appointment to the Independent Health Advice Panel 1.18 Approved forms
Division 1.4--Sponsorship not applicable to Division 3A of Part 2 of the Act
1.20 Sponsorship undertakings
Division 1.4B--Limitation on certain sponsorships under Division 1.4
1.20J Limitation on approval of sponsorships--spouse, partner, prospective marriage and interdependency visas 1.20K Limitation on sponsorships--remaining relative visas 1.20KA Limitation on approval of sponsorship--partner (provisional or temporary) or prospective marriage (temporary) visas 1.20KB Limitation on approval of sponsorship--child, partner and prospective marriage visas 1.20KC Limitation on approval of sponsorship--prospective marriage and partner visas 1.20KD Prospective marriage and partner visas--definition of significant criminal record 1.20L Limitation on approval of sponsorship--Subclass 600 (Visitor) visas 1.20LAA Limitation on sponsorships--parent, aged dependent relative, contributory parent, aged parent and contributory aged parent visas
Division 1.5--Special provisions relating to family violence
1.21 Interpretation 1.22 References to person having suffered or committed family violence 1.23 When is a person taken to have suffered or committed family violence? 1.24 Evidence 1.25 Statutory declaration by alleged victim etc 1.27 Documents not admissible in evidence
1.29 Score relevant to suspension of registered provider 1.30 Prescribed non - citizen
PART 2--VISAS
Division 2.1--Classes, criteria, conditions etc
2.01 Classes of visas 2.02 Subclasses 2.03 Criteria applicable to classes of visas 2.03A Criteria applicable to de facto partners 2.03AA Criteria applicable to character tests and security assessments 2.03B Protection visas--international instruments 2.04 Circumstances in which a visa may be granted 2.05 Conditions applicable to visas 2.05A Extension of certain visas held by Ukraine passport holders etc. 2.05B Extension of certain Subclass 600 visas held by Ukraine passport holders 2.06 Non - citizens who do not require visas to travel to Australia 2.06AAA Entry to Australia--Maritime Crew (Temporary) (Class ZM) visas 2.06AAB Visa applications by holders and certain former holders of safe haven enterprise visas 2.06AAC Entry to Australia--persons entering to participate in, or support, offshore resources activities
Division 2.2--Applications
2.06A Definitions 2.07 Application for visa--general 2.07A Certain applications not valid bridging visa applications 2.07AA Applications for certain visitor visas 2.07AB Applications for Electronic Travel Authority visas 2.07AC Applications for Temporary Safe Haven and Temporary (Humanitarian Concern) visas 2.07AF Applications for Student (Temporary) (Class TU) visas 2.07AG Applications for certain substantive visas by persons for whom condition 8503 or 8534 has been waived under subregulation 2.05(4AA) or (5A) 2.07AH Applications for certain substantive visas by persons for whom condition 8534 has been waived under subregulation 2.05(6) before 18 March 2018 2.07AI Applications for certain substantive visas by persons holding Subclass 173 or 884 visas 2.07AK Applications for Referred Stay (Permanent) (Class DH) visas 2.07AL Applications for certain visas by contributory parent newborn children 2.07AM Applications for Refugee and Humanitarian (Class XB) visas 2.07AP Applications for Maritime Crew (Temporary) (Class ZM) visas 2.07AQ Applications for Resolution of Status (Class CD) visas 2.07AR Applications for Superyacht Crew (Temporary) (Class UW) visas 2.08 Application by newborn child 2.08AA Application by contributory parent newborn child 2.08A Addition of certain applicants to certain applications for permanent visas 2.08AAA Addition of certain applicants to certain applications for temporary protection visas and safe haven enterprise visas 2.08B Addition of certain dependent children to certain applications for temporary visas 2.08E Certain applicants taken to have applied for Partner (Migrant) (Class BC) visas and Partner (Provisional) (Class UF) visas 2.08F Certain applications for Protection (Class XA) visas taken to be applications for Temporary Protection (Class XD) visas 2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas 2.09 Oral applications for visas 2.10 Where application must be made 2.10AA Where application must be made for certain visas 2.10A Notice of lodgment of application--person in immigration detention (Bridging E (Class WE) visa) 2.10B Notice of lodgment of application--person in immigration detention (Bridging F (Class WF) visa) 2.10C Time of making Internet application 2.11 Special provisions for certain visa applications that are refused 2.11A Visa applications by unauthorised maritime arrivals 2.11B Visa applications by transitory persons 2.12 Certain non - citizens whose applications refused in Australia (Act, s 48) 2.12AA Refusal or cancellation of visa--prohibition on applying for other visa (Act, s 501E)
Division 2.2A--Visa application charge
2.12C Amount of visa application charge 2.12D Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64(2)) 2.12F Refund of first instalment of visa application charge 2.12G When payment of second instalment of visa application charge not required 2.12H Refund of second instalment of visa application charge 2.12JA Payment of visa application charge for Internet application 2.12K Who is the person who pays an instalment of visa application charge 2.12L Legal personal representative
Division 2.2B--Priority consideration of certain visa applications on request
2.12M Priority consideration of certain visa applications on request 2.12N Fee for request for priority consideration of visa applications 2.12P Refund of fee for request for priority consideration of visa applications
Division 2.3--Communication between applicant and Minister
2.13 Communication with Minister 2.14 Where written communication must be sent 2.15 Response to invitation to give additional information or comments--prescribed periods 2.16 Notification of decision on visa application
Division 2.5--Bridging visas
2.20 Eligible non - citizen (Act, s 72) 2.20A Applications for Bridging R (Class WR) visas 2.20B Applications for Bridging F (Class WF) visas 2.21 Most beneficial bridging visas (Act, s 68(4)(b)(ii)) 2.21A Grant of Bridging A (Class WA) visas without application 2.21B Grant of Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visas without application 2.22 Invalid application for substantive visa 2.23 Further application for bridging visa (Act, s 74) 2.24 Eligible non - citizen in immigration detention 2.25 Grant of Bridging E (Class WE) visas without application 2.25AA Grant of Bridging R (Class WR) visa without application 2.25AB Grant of Bridging R (Class WR) visas to certain non - citizens without application 2.25AC Conditions not engaging offence relating to mandatory conditions 2.25AD Matters prescribed for the purposes of section 76E of the Act 2.25AE Period for which certain conditions are imposed on Subclass 070 (Bridging (Removal Pending)) visa
Division 2.5A--Special provisions relating to certain health criteria
Division 2.6--Prescribed qualifications--application of points system
2.26AC Prescribed qualifications and number of points for Subclass 189, 190, 489 and 491 visas 2.26B Relevant assessing authorities 2.27C Skilled occupation in Australia 2.27D Study in Australia 2.28 Notice of putting application aside
Division 2.8--Special purpose visas
2.40 Persons having a prescribed status--special purpose visas (Act, s 33(2)(a)) 2.40A Conditions applicable to special purpose visas
Division 2.9--Cancellation or refusal to grant visas
Subdivision 2.9.1--Cancellation under Subdivision C of Division 3 of Part 2 of the Act
2.41 Whether to cancel visa--incorrect information or bogus document (Act, s 109(1)(c)) Subdivision 2.9.2--Cancellation generally
2.43 Grounds for cancellation of visa (Act, s 116) 2.44 Invitation to comment--response 2.46 Time to respond to notice of cancellation (Act, s 129(1)(c)) 2.48 Revocation of cancellation (Act, s 131(2)) 2.49A Additional personal powers for Minister to cancel visas--period to submit information, material and representations 2.50 Cancellation of business visas 2.50AA Cancellation of regional sponsored employment visas Subdivision 2.9.3--Refusal or cancellation on character grounds
2.52 Refusal or cancellation of visa--representations in respect of revocation of decision by Minister (Act, s 501C and 501CA) 2.53 Submission of information or material (Act, s 501D)
Division 2.10--Documents relating to cancellation of visas
2.53A Purpose of Division 2.10 2.54 Definitions for Division 2.10 2.55 Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation
PART 2A--SPONSORSHIP--APPLICABLE TO DIVISION 3A OF PART 2 OF THE ACT
Division 2.11--Introductory
Division 2.12--Classes of sponsor
Division 2.13--Criteria for approval of work sponsor
2.59 Criteria for approval as a standard business sponsor 2.60 Criterion for approval as a temporary activities sponsor 2.60S Additional criteria for all classes of work sponsor--transfer, recovery and payment of costs
Division 2.13A--Criteria for approval of family sponsor
2.60T Purpose of Division 2.60U Criteria for approval as a parent sponsor 2.60V When an applicant meets the general sponsor requirements 2.60W When an applicant passes the income test 2.60X When an applicant meets the conduct requirements 2.60Y When a person meets the outstanding debt requirements 2.60Z When a person meets the partner requirements
Division 2.14--Application for approval as a sponsor
2.61 Application for approval as a work sponsor 2.61A Application for approval as family sponsor 2.62 Notice of decision
Division 2.15--Terms of approval of sponsorship
2.63 Temporary activities sponsor or temporary work sponsor 2.63A Standard business sponsor 2.64 Professional development sponsor 2.64A Special program sponsor 2.64B Parent sponsor
Division 2.16--Variation of terms of approval of sponsorship
2.65 Application of this Division 2.66 Process to apply for variation of terms of approval 2.67 Terms of approval that may be varied 2.68A Criteria for variation of terms of approval--temporary activities sponsor 2.68J Additional criteria for variation of terms of approval--transfer, recovery and payment of costs 2.68K Criteria for variation of terms of approval--parent sponsor 2.69 Notice of decision
Division 2.17--Nominations
2.70 Application 2.72 Criteria for approval of nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa 2.72AA Labour market testing 2.72A Criteria for approval of nomination--Subclass 407 (Training) visa 2.72B Criteria for approval of nomination--alternative criteria for Subclass 407 (Training) visa 2.72C Criteria for approval of nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa 2.73 Process for nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa 2.73AA Refund of nomination fee and nomination training contribution charge--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa 2.73A Process for nomination--Subclass 407 (Training) visa 2.73B Process for nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa 2.73C Refund of nomination fee and nomination training contribution charge--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa 2.74 Notice of decision 2.75 Period of approval of nomination--Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa 2.75A Period of approval of nomination--Subclass 407 (Training) visa 2.75B Period of approval of nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
Division 2.18--Work agreements
2.76 Requirements 2.76A Labour market testing and other work agreement requirements
Division 2.19--Sponsorship obligations
Subdivision 2.19.1--Sponsorship obligations of approved work sponsors etc.
2.77 Preliminary 2.78 Obligation to cooperate with inspectors 2.79 Obligation to ensure equivalent terms and conditions of employment -- Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa 2.79A Obligation to ensure equivalent terms and conditions of employment--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa 2.80 Obligation to pay travel costs to enable sponsored persons to leave Australia 2.80A Obligation to pay travel costs--domestic worker (executive) 2.81 Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non - citizen 2.82 Obligation to keep records 2.83 Obligation to provide records and information to the Minister 2.84 Obligation to provide information to Immigration when certain events occur 2.85 Obligation to secure an offer of a reasonable standard of accommodation 2.86 Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity 2.86A Obligation to ensure primary sponsored person works or participates in activity in relation to which the visa was granted 2.87 Obligation not to recover, transfer or take actions that would result in another person paying for certain costs 2.87C Obligation not to engage in discriminatory recruitment practices Subdivision 2.19.2--Sponsorship obligations of approved family sponsors etc.
2.87CA Sponsorship obligations 2.87CB Obligation to keep records 2.87CC Obligation to give records to the Minister 2.87CD Obligation to give information to Immigration when certain events occur 2.87CE Obligation to pay outstanding public health debt of sponsored person 2.87CF Obligation to support sponsored person financially and in respect of accommodation
Division 2.19A--Publishing information about sanctions
2.87D Publishing information about sanctions
Division 2.20--Circumstances in which sponsor may be barred or sponsor's approval may be cancelled
2.88 Preliminary 2.89 Failure to satisfy sponsorship obligation 2.90 Provision of false or misleading information 2.91 Application or variation criteria no longer met 2.92 Contravention of law 2.93 Unapproved change to professional development program or special program 2.94 Failure to pay additional security 2.94A Failure to comply with certain terms of special program agreement or professional development agreement 2.94B Change of circumstances relating to approved family sponsor etc.
Division 2.21--Process to bar sponsor or cancel sponsor's approval
2.95 Preliminary 2.96 Notice of intention to take action 2.97 Decision 2.98 Notice of decision
Division 2.22--Waiving a bar on sponsor's approval
2.99 Application 2.100 Circumstances in which a bar may be waived 2.101 Criteria for waiving a bar 2.102 Process to waive a bar
Division 2.22A--Inspectors
2.102A Period of appointment 2.102C Purposes for which powers of inspectors may be exercised
Division 2.22B--Liability and recovery of amounts
2.102D Liability to pay amounts
Division 2.23--Disclosure of personal information
2.103 Disclosure of personal information by Minister--approved work sponsors etc. 2.103A Disclosure of personal information by Minister--approved family sponsors etc. 2.104 Circumstances in which the Minister may disclose personal information 2.105 Circumstances in which a recipient may use or disclose personal information 2.106 Disclosure of personal information to Minister
PART 3--IMMIGRATION--CLEARANCE AND COLLECTION OF INFORMATION
Division 3.1--Information to be given
3.01 Provision of information (general requirement) 3.02 Passenger cards for persons entering Australia 3.03 Evidence of identity and visa for persons entering Australia (Act s 166) 3.03AA Evidence of identity and providing information--non - military ships (Act s 166) 3.03AB Exemption from requirements to complete a passenger card where digital passenger declaration provided 3.04 Place and time for giving evidence (Act, s 167) 3.05 Allowed inhabitants of the Protected Zone (Act, s 168(2)) 3.06 Persons not required to comply with s 166 of the Act (Act, s 168(3)) 3.06A Designated foreign dignitaries 3.07 Persons taken not to leave Australia (Act, s 80(c)) 3.08 Offence--failure to complete a passenger card 3.09 Evidence of identity--domestic travel on overseas vessels 3.10 Use of information 3.10A Access to movement records 3.11 Production of deportee or removee 3.12 Offences by master of vessel
Division 3.2--Information about passengers and crew on overseas vessels
3.13 Interpretation 3.13A Information about passengers and crew to be given before arrival and departure of certain aircraft and ships 3.13B Obligation to report on persons arriving on ships--reporting periods for journey from last port outside Australia 3.13C Report on departing person to relate to flight or voyage from the last place in Australia to a place outside Australia 3.13D Obligation to report on persons departing from Australia--deadline for providing report 3.14 Information about overseas passengers to be given on arrival of inbound civilian vessel 3.15 Medical certificate 3.16 Information about overseas passengers--outbound civilian vessel 3.17 Information about crew
Division 3.3--Examination, search and detention
3.19 Periods within which evidence to be shown to officer 3.20 Information to be provided--authorised officers carrying out identification tests 3.21 Procedure and requirements--identification test not carried out
Division 3.4--Identification of immigration detainees
3.30 Immigration detainees must provide personal identifiers 3.31 Authorised officers must require and carry out identification tests
PART 4--REVIEW--OF DECISIONS
Division 4.1--Review of decisions other than decisions relating to protection visas
4.01 Interpretation 4.02 Part 5 - reviewable decisions and who may apply for review 4.10 Time for lodgment of applications with Tribunal (Act, s 347) 4.11 Giving the application to the Tribunal 4.12 Combined applications for Tribunal review 4.13 Tribunal review--fees and waiver 4.13A Annual increases in fees 4.13B Calculation of increase 4.14 Refund of fees by Tribunal 4.15 Tribunal's power to give directions 4.16 Statement about decision under review 4.17 Prescribed periods--invitation to comment or give additional information (Act, s 359B(2)) 4.18 Prescribed periods--invitation to comment or give additional information (Act, s 359B(3)) 4.18A Prescribed periods--invitation to comment or give additional information (Act, s 359B(4)) 4.18B Prescribed periods--invitation to comment or give additional information (Act, s 359B(5)) 4.19 Summons to attend before Tribunal 4.21 Prescribed periods--notice to appear before Tribunal 4.23 Expedited review (close family visit visas) 4.24 Expedited review (decisions to cancel visas) 4.25 Expedited review (certain applicants in immigration detention) 4.27 Prescribed period for making certain decisions (Act, s 367) 4.27B Prescribed period for requesting written statement
Division 4.2--Review of Part 7-reviewable decisions
Subdivision 4.2.1--Introductory
4.28 Interpretation Subdivision 4.2.3--General
4.31 Time for lodgement of application with Tribunal 4.31AA Giving application to the Tribunal 4.31A Combined applications for review by the Tribunal 4.31B Review by the Tribunal--fee and waiver 4.31BA Annual increases in fees 4.31BB Calculation of increase 4.31C Refund (or waiver) of fee for review by the Tribunal 4.33 Powers of Tribunal 4.34 Statement about decision under review--number of copies 4.34A Prescribed period for making certain decisions 4.35 Prescribed periods--invitation to comment or give additional information 4.35A Prescribed periods--invitation to comment or give additional information (Act, s 424B(3)) 4.35B Prescribed periods--invitation to comment or give additional information (Act, s 424B(4)) 4.35C Prescribed periods--invitation to comment or give additional information (Act, s 424B(5)) 4.35D Prescribed periods--notice to appear before Tribunal 4.35F Prescribed period for requesting written statement 4.36 Duties, powers and functions of officers of Tribunal
Division 4.3--Service of documents
Division 4.4--Review of protection visa decisions by the Immigration Assessment Authority
4.41 New information not required to be given to referred applicant 4.42 Periods for giving information or comments 4.43 Permissible directions on remittal
PART 5--MISCELLANEOUS
Division 5.1--Service of documents
5.01 Definition for Division 5.1 5.02 Service of document on person in immigration detention
Division 5.2--Procedure of commissioners and prescribed authorities
5.04 Power of Commissioner to send for witnesses and documents 5.05 Duty of witness to continue in attendance 5.06 Arrest of witness failing to appear 5.07 Witnesses' fees 5.08 Power to examine on oath or affirmation 5.09 Offences by witnesses 5.10 Statements of person not admissible in evidence against the person 5.11 Representation by counsel etc 5.12 Offences in relation to Commissioners 5.13 Protection of Commissioners, barristers and witnesses 5.14 Procedure of prescribed authorities
Division 5.3--General
5.15 Behaviour concern non - citizen 5.15A Special category visas--declared classes of New Zealand citizens 5.15C Excised offshore places 5.16 Prescribed diseases--health concern non - citizen (Act, s 5(1)) 5.17 Prescribed evidence of English language proficiency (Act, s 5(2)(b)) 5.18 Prescribed laws relating to control of fishing 5.19 Approval of nominated positions--Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa 5.19A Designated investment 5.19B Complying investment 5.19C Complying significant investment 5.19D Complying premium investment 5.19E Complying entrepreneur activity
Division 5.3A--Offences and civil penalties in relation to work by non-citizens
5.19G Allowing an unlawful non - citizen to work 5.19H Allowing a lawful non - citizen to work in breach of a work - related condition 5.19J Referring an unlawful non - citizen for work 5.19K Referring a lawful non - citizen for work in breach of a work - related condition
Division 5.3B--Offences and civil penalties in relation to sponsored visas
5.19L Classes of sponsor 5.19M Kinds of sponsored visa 5.19N Sponsorship - related events
Division 5.4--Infringement notice penalties
Division 5.5--Infringement notices
5.21 Interpretation 5.22 When can an infringement notice be served? 5.23 What must an infringement notice contain? 5.24 Can the time for payment be extended? 5.25 What happens if the infringement notice penalty is paid? 5.26 Can an infringement notice be withdrawn? 5.27 Refund of infringement notice penalty if notice withdrawn 5.28 Evidence 5.29 Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision? 5.30 What if payment is made by cheque? 5.31 Infringement notice not compulsory
Division 5.6--Miscellaneous
5.32 Search warrants (Act, ss 223(14) and 251(4)) 5.32A Work performed by unlawful non - citizen in detention centre 5.34 Application of Chapter 2 of the Criminal Code 5.34D Disclosure of information to prescribed bodies 5.34E Disclosure of information to prescribed international organisations 5.34F Disclosure of information to police and Australian Crime Commission 5.35 Medical treatment of persons in detention under the Act 5.35AA Decisions that are not privative clause decisions 5.35AB Tax file numbers
Division 5.6A--Powers under an agreement or arrangement with a foreign country
5.35A Definitions 5.35B Exercise of power to restrain an individual 5.35C Exercise of power to search an individual 5.35D Protection of persons when acts done in good faith 5.35E Powers when boarding certain foreign ships (Act s 245F(14)) 5.35F Powers when boarding certain foreign ships on the high seas (Act s 245G(4))
Division 5.7--Charges and fees
5.36 Payment of visa application charges, and fees, in foreign currencies 5.37 Employer nomination fee 5.37A Refund of employer nomination fee and nomination training contribution charge 5.38 Sponsorship fee 5.40 Fees for assessment of a person's work qualifications and experience etc 5.41 Fee for further opinion of Medical Officer of the Commonwealth in merits review 5.41A Credit card surcharge 5.41B PayPal surcharge 5.41C Fees for performing functions relating to certain international travellers using gateway airports
Division 5.7A--Nomination training contribution charge
5.42 Nominations that attract nomination training contribution charge
Division 5.8--Multiple parties in migration litigation
5.43 Meaning of family (Act s 486B) 5.44 Prescription of other persons (Act s 486B)
Division 5.8A--Review of these Regulations
5.44A Review of these Regulations
Division 5.9--Transitional arrangements
5.45 Operation of Schedule 13
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