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CIVIL AVIATION ACT 2023
- As at 28 December 2024
- Act 10 of 2023
TABLE OF PROVISIONS
1. Title
2. Commencement
PART 1 - Preliminary provisions
3. Main purpose
4. Additional purposes
5. Interpretation
6. Meaning of accident
7. Meaning of aviation place
8. Meaning of officer
9. Application of civil aviation legislation
10. Transitional, savings, and related provisions
11. Act binds the Crown
12. Overview
PART 2 - Functions, powers, and duties of participants in civil aviation system
SUBPART 1 - Aviation participants
13. General requirements for aviation participants
14. Duties of pilot-in-command
15. Duties of pilot-in-command in emergencies arising in flight
16. Duties of pilot-in-command and operator in emergencies not arising in flight
17. Failure to notify emergency breach of civil aviation legislation
18. Identification of pilot-in-command
19. Failure to provide identifying information
SUBPART 2 - Regulatory roles
20. Civil Aviation Authority of New Zealand continued
21. Board of CAA
22. Objective of CAA
23. Functions of CAA
24. Duties of CAA in relation to search and rescue
25. CAA to maintain separate accounts in respect of AvSec
26. CAA to consider delegating or contracting out of functions and powers
27. CAA must adopt and publish regulatory strategy
28. Engagement charter
29. Use of words Civil Aviation Authority or CAA
30. Use of words Aviation Security Service or AvSec
31. Director of Civil Aviation
32. Functions and powers of Director
33. Acting Director of Civil Aviation
34. Regulatory functions, duties, and powers of Secretary
35. Airways may be sole provider of certain airways services
SUBPART 3 - Registries and information services
36. New Zealand Register of Aircraft
37. Requirement to register aircraft
38. Civil Aviation Records
39. Information services
SUBPART 4 - General offences and liability provisions
40. Operating aircraft in careless manner
41. Dangerous activity involving aircraft, aeronautical product, or aviation-related service
42. Operating aircraft in controlled airspace or restricted area without authorisation
43. Communicating false information affecting safety
44. Nuisance and trespass
45. Responsibility for damage
46. Circumstances in which owner entitled to be indemnified for responsibility for damage
47. Responsibility for damage by descent by parachute
48. Claim against Crown in respect of damage, loss, or injury due to service aircraft
SUBPART 5 - Duty to notify accidents and incidents
49. Duty to notify accidents and incidents to CAA
50. Duty of CAA to notify accidents and incidents to TAIC
51. Failure to notify accident or incident
PART 3 - Rules
SUBPART 1 - Rules made by Minister or Governor-General
52. Power of Minister to make rules
53. Rules relating to designation, classification, and certification
54. Rules relating to standards, specifications, restrictions, and licensing requirements
55. Rules relating to aviation documents
56. Rules relating to safety and security
57. Rules relating to airspace
58. Rules for noise abatement purposes
59. Rules relating to national security
60. Rules relating to other matters
61. Procedure for making rules
62. Requirements relating to content of rules made by Minister
63. Governor-General may make rules
64. Provisions concerning rules made by Minister or Governor-General
65. Rule prevails over bylaw if bylaw inconsistent or repugnant
66. Offences for breaches of rules
SUBPART 2 - Emergency rules made by Director
67. Power of Director to make emergency rules
68. Procedures relating to rules made by Director
69. Procedure for making emergency rules
70. Duration of emergency rule
71. Emergency rule prevails if inconsistent with rule made under subpart 1
SUBPART 3 - General provisions
72. Criteria that Minister and Director must have regard to before making rules or emergency rules
PART 4 - Aviation documents, medical certification, and drug and alcohol testing
SUBPART 1 - Requirements for aviation documents
73. Application for aviation document
74. Application requiring national security assessment
75. Grant or renewal of aviation document
76. Director may take into account foreign qualifications and certifications
77. Condition of aviation document that holder, etc, continues to satisfy fit and proper person test
78. Duration and conditions of aviation document
79. Right of appeal
80. Fit and proper person test
81. Disclosure of prejudicial information
82. Rights of persons affected by proposed adverse decisions
83. Determination by Director as to whether to make adverse decision
84. Powers of Director in relation to examinations, etc
SUBPART 2 - Australia New Zealand Aviation mutual recognition
85. Additional purpose of subpart
86. Holder of Australian Air Operator’s Certificate with ANZA privileges entitled to conduct air operations in New Zealand
87. New Zealand temporary stop notice
88. Contents of New Zealand temporary stop notice
89. Director to notify CASA about New Zealand temporary stop notice
90. Requirements for New Zealand AOCs with ANZA privileges
91. Grant of New Zealand AOC with ANZA privileges
92. Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
93. Change of country of certification
94. Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA
95. Failure to cease conducting air operations in New Zealand
SUBPART 3 - Powers of Director in relation to aviation documents
96. Director may suspend, or impose conditions on, aviation document
97. Further provisions in relation to suspension of, or imposition of conditions on, aviation document
98. Director may revoke, or impose permanent conditions on, aviation document
99. Considerations relevant to decision about taking action under section 96, 97, or 98
100. Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98
101. Further powers of Director to amend or revoke aviation document
102. Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
SUBPART 4 - Offences relating to aviation documents
103. Endangerment caused by holder of aviation document
104. Acting without necessary aviation document
105. Court may disqualify person from holding aviation document or impose conditions on aviation document
106. Applying for aviation document while disqualified
107. Failing to disclose information relevant to granting or holding of aviation document
108. Failure to provide information to Director relating to Australian AOCs with ANZA privileges
SUBPART 5 - Medical certification
109. Medical certification
110. Acting without required medical certificate
111. Fraudulent, misleading, or false statements to obtain medical certificate
112. Failure to disclose medical information
SUBPART 6 - Drug and alcohol management plans and testing
113. Interpretation
114. DAMP operator must develop DAMP
115. Random testing by DAMP operator
116. Director testing
117. What happens if worker refuses consent or test result is not negative
118. Tampering
119. Test results only to be used in certain prosecutions
PART 5 - Aviation security
SUBPART 1 - Designations and security checks
120. Security designated aerodromes and navigation installations
121. Airside security areas
122. Entry into airside security area
123. Providing evidence of identity and authority
124. Authorised security person may seize evidence of identity
125. Landside security areas
126. Director may carry out security checks
127. Reconsideration of security check determination
128. Review procedure for adverse security check determination
129. Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017
130. Consequences of final adverse security check determination
131. Offence to carry out activity while authorisation withdrawn or after authorisation revoked
132. Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
SUBPART 2 - Aviation security services and aviation security powers
133. Interpretation
134. Aviation security service providers
135. Responsibility of Minister
136. Requirements for provider of aviation security services
137. Minister may specify only AvSec to provide security at aerodrome or installation
138. Functions and duties of AvSec
139. Requirements for AvSec to comply with prescribed requirements for provision of aviation security services
140. Person who holds aviation document for aviation security service must designate aviation security officers
141. Searching powers of aviation security officers
142. Requirements and incidental powers relating to manner of searching persons
143. Consent requirements for searching
144. Circumstances where consent to searching not required
145. Power to require drivers to stop vehicles in security enhanced areas for searching
146. Powers of aviation security officer in relation to person who is not searched or refuses consent to searching
147. Powers of constable in relation to person who is not searched or refuses consent to searching
148. Consequences for passenger of refusal to consent to searching
149. Item or substance suspected entering into, or in, sterile area
150. Item or substance suspected entering into, or in, landside security area or security enhanced area
151. Items or substances suspected that may be imminent risk
152. Power of Minister to require searching and seizing
153. Further provisions in relation to direction by Minister
154. Power of Director to require searching and seizing
155. Further provisions in relation to direction by Director
156. Right of access for aviation security officers
157. Use of aids and devices for searching
158. Use of dogs
159. Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier
160. Relationship of this subpart to Aviation Crimes Act 1972
161. Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983
162. Arrest of persons delivered to Police
163. Powers of Police
164. Powers of members of Armed Forces when providing aviation security services
165. Protection of aviation security officers
SUBPART 3 - Aviation security offences
166. Refusal to give particulars or to leave airside security area or security enhanced area
167. Being present in security area without being searched or when not authorised
168. Offence to impersonate aviation security officer
169. Offence to obstruct aviation security officer or authorised security person
170. Threatening or assaulting aviation security officer or authorised security person
171. Obstruction or interference with aviation security dog
172. Killing or injuring aviation security dog
173. Security check offences
PART 6 - International aviation
SUBPART 1 - International air services licensing
174. Interpretation in this Part
175. Licensing authority may determine whether service is scheduled international air service
176. Licence for scheduled international air service
177. Application for licence
178. Licensing authority
179. Notice of application for restricted scheduled international air service
180. Consideration of application for scheduled international air service licence
181. Grant of licence
182. Duration of licence
183. Renewal of licence
184. Variation of terms and conditions of licence
185. Holder of licence may operate non-scheduled international flights without authorisation under section 189
186. Proof of insurance against liability
187. Returns to be made
188. Suspension and revocation of licences
189. Class 1 non-scheduled commercial international flights must be authorised by Secretary
190. Additional requirements of regulations and rules
191. This subpart not in force in Tokelau
192. Carrying on scheduled international air service without licence or contrary to licence
193. Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
SUBPART 2 - International air carriage competition
194. Interpretation in this subpart
195. When person may apply for authorisation
196. Actions following receipt of application for authorisation
197. Further provisions relating to application for authorisation
198. Powers of Minister to prohibit disclosure of information, documents, and evidence
199. Minister may authorise international carriage by air
200. Minister must notify proposed decision to grant or decline authorisation
201. Minister must notify final decision to grant or decline authorisation
202. Further powers of Minister in relation to authorisations
203. Authorisation of tariffs by Minister in specified circumstances
204. Application of Commerce Act 1986
SUBPART 3 - Carbon offsetting and reduction scheme for international aviation (CORSIA)
205. Interpretation
206. Eligible New Zealand operator must provide contact details
207. Emissions monitoring plan
208. Emissions reports
209. Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report
210. Calculation of offsetting requirements for eligible New Zealand operator
211. Emissions unit cancellation reports
212. Verification of reports
213. Secretary may request emissions information from New Zealand operator
214. Application of sections 207 to 213 subject to regulations about new entrants
215. Eligible New Zealand operator may request that information be treated as confidential
216. Sharing of information between Secretary and ICAO
217. Offences relating to CORSIA
PART 7 - Airports
SUBPART 1 - Interpretation
218. Interpretation in this Part
219. Meaning of substantial customer
SUBPART 2 - Airport operators
220. Secretary must maintain register of airport operators and airports
221. Applications for registration
222. When aerodrome operator may or must be registered
223. Area covered by registration may be varied
224. Registration may cover 2 or more airports
225. Secretary may suspend or cancel registration
226. Airport to be operated commercially
227. Airport to be Government work
228. Acquisition or taking of land for airport
229. Holding and disposal of land
230. Airport operators may set charges
231. Airport operators must consult concerning capital expenditure plans
232. Airport operators must consult concerning spatial plans
233. Airport operators may vary leases in certain circumstances
234. Application of other Acts to airport subdivisions and laying out of access roads
235. Airport bylaws
236. Consultation
237. Publication and proof of bylaws
238. Minister may amend, replace, or disallow bylaws
239. Enforcement of bylaws
240. Joint venture aerodromes
SUBPART 3 - Regulatory airport spatial undertakings
241. Giving of regulatory airport spatial undertaking by airport operator
242. Consultation and timing requirements
243. Decision and notification
244. When regulatory airport spatial undertaking is enforceable
245. Review by airport operator of regulatory airport spatial undertaking
246. Compliance with regulatory airport spatial undertaking
247. Secretary may make direction orders
248. Secretary must give notice of direction orders
249. Secretary may apply to court if airport operator fails to comply with direction order
250. Consequences of failing to comply with direction orders
SUBPART 4 - Exemptions from requirements of subparts 2 and 3
251. Exemptions from requirements of subparts 2 and 3
SUBPART 5 - Sale of alcohol at international airports
252. Sale of alcohol at international airports
PART 8 - International and domestic carriage of passengers and goods by air
SUBPART 1 - Additional purpose of Part
253. Additional purpose of Part
SUBPART 2 - International carriage by air
254. Interpretation in this subpart
255. Application of Guadalajara Convention
256. Conventions to have force of law
257. Inconsistency between French and English texts
258. Fatal accidents
259. Contributory negligence
260. Limitation of liability
261. Value of special drawing right
262. Time for bringing proceedings
263. Further provisions in relation to time for bringing proceedings
264. Actions against High Contracting Parties
265. Actions against Parties to Montreal Convention
266. Designation of Parties
267. Article 40A of amended Convention
268. Power to exclude aircraft in use for military purposes
SUBPART 3 - Domestic carriage by air
269. Interpretation in this subpart
270. Application of this subpart
271. Combined carriage
272. Exclusions
273. Provisions if carriage performed by actual carrier
274. Liability of carrier in respect of delay
275. Provisions if carriage performed by successive carriers
276. Avoidance of liability
277. Limitation of liability
278. Contracting out
279. Wilful or reckless misconduct
280. Just and equitable orders and awards
281. Application of limitation on liability
282. Relationship between carriers
283. Limitation of actions
PART 9 - Monitoring, investigation, and enforcement
SUBPART 1 - Powers of entry and inspection
284. Powers of entry and inspection
285. Power to enter homes or marae
286. Notice of entry
287. Power to take samples and other objects and things
288. Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation
289. Continuation of powers of entry and inspection without search warrants
290. Limitation relating to powers under sections 284 and 288
291. Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring
292. Power to require name, address, and date of birth
293. Duty to assist inspectors
294. Immunity of inspectors and persons assisting inspectors or Director
295. Offence to fail to provide inspector with correct name, residential address, and date of birth
296. Offence to impersonate inspector
297. Failure to comply with inspection or monitoring requirement
SUBPART 2 - Improvement notices and non-disturbance notices
298. Power to issue improvement notices
299. Content of improvement notices
300. Compliance with improvement notice
301. Extension of time for compliance with improvement notices
302. Power to issue non-disturbance notice
303. Content of non-disturbance notice
304. Compliance with non-disturbance notice
305. Issue of subsequent non-disturbance notices
306. General provisions relating to improvement notices and non-disturbance notices
307. Changes to improvement notice or non-disturbance notice by inspector
308. Director may vary or cancel improvement notice or non-disturbance notice
309. Formal irregularities or defects in improvement notice or non-disturbance notice
310. Issue of improvement notice or non-disturbance notice
311. Display of notice at aviation place by person issued with improvement notice or non-disturbance notice
312. Inspector may display improvement notice or non-disturbance notice
SUBPART 3 - Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product
313. Director or specified person may obtain search warrant to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products
314. Director’s power to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products where prompt action necessary
315. Obligations of Director if action taken under section 313 or 314
SUBPART 4 - Seizure, etc, of aircraft without person on board
316. Power to seize, detain, or destroy aircraft without person on board
317. Power to enter homes or marae
318. Provision relating to seizure or detention of aircraft in operation without a person on board
319. Requirement to give reasons for action under section 316
320. Provisions relating to seizure or detention of aircraft under section 316
321. Immunities in relation to exercise of power under section 316
SUBPART 5 - Exemptions from compliance with regulations and rules
322. Director may grant exemptions from compliance with regulations and rules
323. General provisions relating to exemptions
SUBPART 6 - Enforceable undertakings
324. Director may accept enforceable undertakings
325. Notice of decision and reasons for decision
326. When enforceable undertaking is enforceable
327. Compliance with enforceable undertaking
328. Contravention of enforceable undertaking
329. Withdrawal or variation of enforceable undertaking
330. Proceedings for alleged contravention
SUBPART 7 - Inspectors and response officers
331. Appointment of inspectors
332. Appointment of response officers
333. Identity cards
334. Suspension and ending of appointment of inspectors
335. Inspectors subject to Director's directions
336. Director has powers of inspector and response officer
SUBPART 8 - Powers of entry of Airways
337. Meaning of equipment for purposes of section 338
338. Powers of entry of Airways
SUBPART 9 - Protections in relation to accident and incident notifications under subpart 5 of Part 2
339. Interpretation in this subpart
340. Restriction on admissibility of accident and incident notifications
341. When Director may take law enforcement action
SUBPART 10 - Protection of flight data recording from use in criminal proceedings against flight crew
342. Interpretation
343. Admissibility of flight data recording against flight crew in criminal proceedings
344. This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990
SUBPART 11 - Disqualification
345. Effect of disqualification by court
346. Commencement of period of disqualification
347. Retention and custody of document
348. Removal of disqualification
349. Particulars of disqualification orders, etc, to be sent to Director
350. Appeals against disqualification by court
SUBPART 12 - Injunctions
351. Court may grant injunctions
352. When court may grant restraining injunctions
353. When court may grant performance injunctions
354. Undertaking as to damages not required by Director or Secretary
SUBPART 13 - Powers of Minister to intervene on grounds of national security
355. Powers of Minister to intervene on grounds of national security
356. Giving of notice and related matters
357. Review procedure in relation to notice under section 355
358. Effect of disqualification by Minister
359. Commencement of period of disqualification by Minister
360. Retention and custody of document following disqualification by Minister
361. Offences relating to breach of notice given by Minister on national security grounds
SUBPART 14 - General offences
362. Communicating false or misleading information
363. Obstruction of inspector or other person authorised by Director or Secretary
364. Trespass
365. Failure to maintain accurate records
366. Breach of emergency rule, prohibition, or condition
367. Flight over foreign country without authority or for improper purpose
SUBPART 15 - Additional penalty for offences involving commercial gain
368. Additional penalty for offences involving commercial gain
SUBPART 16 - Infringement offences
369. Interpretation
370. Application of this subpart to offences for breach of airport bylaws
371. Infringement offences
372. Who may issue infringement notices
373. When infringement notice may be issued
374. Revocation of infringement notice before payment made
375. What infringement notice must contain
376. How infringement notice may be served
377. Payment of infringement fees
378. Reminder notices
SUBPART 17 - Charging documents and burden of proof
379. Limitation period for prosecutions brought by Director
380. Extension of time if Director needs longer to decide whether to bring prosecution
381. Burden of proof of exceptions, etc, for offences
SUBPART 18 - Evidence and proof
382. Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft
383. Evidence and proof in offence-related proceedings: other matters
384. Evidence and proof of rule in any proceedings
SUBPART 19 - General provisions relating to proceedings
385. State of mind of employees and agents attributed
386. Conduct of employees and agents attributed
SUBPART 20 - Unruly passenger offences
387. Interpretation in this subpart
388. Application of this subpart
389. Exercise of powers under this subpart
390. Liability for offences against this subpart despite extraterritoriality
391. Liability for offences under Summary Offences Act 1981 despite extraterritoriality
392. Liability for offence on foreign aircraft outside New Zealand
393. Proceedings for offences
394. Passenger endangering safety
395. Disruptive conduct towards crew member
396. Interference with aircraft
397. Intoxicated person on aircraft
398. Non-compliance with commands given by pilot-in-command
399. Offensive behaviour or words
400. Portable electronic devices must not be operated
401. Non-compliance with seating and safety belt instructions
402. No smoking
403. Dangerous goods
404. Requirements relating to information and verification
405. Consequences for failure to comply with requirements
406. Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence
PART 10 - Regulations and miscellaneous provisions
SUBPART 1 - Regulations
407. Regulations
408. Provisions relating to regulations generally
409. Regulations relating to carbon offsetting and reduction scheme for international aviation
410. Regulations relating to information disclosure by aviation participants
411. Regulations requiring information disclosure by specified aviation participants
412. Information to be supplied by aviation participants to Secretary
413. Offences in relation to information disclosure
414. Regulations for international carriage by air
415. Regulations relating to fees and charges
416. Rebate of fees or charges
417. Payment of fees and charges
418. Governor-General may impose levies
419. Basis on which levies may be imposed
420. Other provisions relating to levies
421. Director may audit levy returns
422. Offences in relation to levy orders
423. Recovery of fees, charges, and levies
424. Recovery of fee, charge, or levy as debt due to Crown
425. Processing application or providing service may be declined if fee, charge, or levy unpaid
426. Regulations to control sale of alcohol at international airports
427. Regulations providing for transitional matters
428. Incorporation by reference in secondary legislation
SUBPART 2 - Airworthiness directives
429. Airworthiness directives
SUBPART 3 - Transport instruments
430. Regulations or rules may provide for transport instruments
431. Specified person may make transport instruments
432. Procedures relating to transport instruments
SUBPART 4 - Cape Town Convention and Aircraft Protocol
433. Interpretation in this Part
434. Cape Town Convention and Aircraft Protocol to have force of law
435. Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
436. Governor-General may issue copies of declarations
437. Certificates about Contracting States
438. Irrevocable deregistration and export request authorisations
439. Deregistration requests
440. Removal requests
441. Director must prescribe and publish forms for requests
442. Director must not exercise certain powers
SUBPART 5 - Review of Director’s decisions
443. Interpretation
444. Relationship between review and appeal under section 453
445. Decision under review
446. Application for review
447. Review procedure
448. Final decision
449. Appointment of reviewer
450. Office of reviewer
451. Cancellation of appointment or resignation
452. Reviewer’s protection from liability
SUBPART 6 - Rights of appeal
453. Appeal to District Court
454. Consequences of appeal to District Court
455. Further action of Director after appeal determined
456. Appeal to High Court on question of law
457. Further appeal to Court of Appeal
SUBPART 7 - Other miscellaneous provisions
458. Delegation of certain functions of Minister to CAA
459. Further provisions regarding delegation of Minister’s functions or powers to CAA
460. Delegation of Director’s functions or powers to employees of CAA
461. Further provisions regarding delegation of Director’s functions or powers to employees of CAA
462. Delegation of Director’s functions or powers to persons outside CAA
463. Further provisions regarding delegation of Director’s functions or powers to persons outside CAA
464. Restrictions on delegations in relation to AvSec
465. Disclosure or publication of information
466. Sharing of information between CAA, designated agencies, and overseas agencies
SUBPART 8 - Consequential and other amendments, repeals, and revocations
467. Principal Act
468. New section 2AB inserted (Transitional, savings, and related provisions)
469. Section 3 amended (Airport authorities may establish and carry on airports)
470. Section 9 amended (Bylaws)
471. Section 10 amended (Repeals and savings)
472. New Schedule 1 inserted
473. Schedule amended
474. Principal Act
475. Section 2 amended (Interpretation)
476. Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)
477. Principal Act
478. New sections 199 and 199A inserted
479. Section 431 amended (Functions of Authority)
480. Principal Act
481. Section 14A amended (Interpretation)
482. Principal Act
483. Section 2 amended (Interpretation)
484. Principal regulations
485. Schedule 3 amended
486. Consequential amendments
487. Repeal of Civil Aviation Act 1990
488. Repeal of Airport Authorities Act 1966
489. Revocations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
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