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Child (Amendment) Act 2016 is Malaysia Amendment Act, cited as Amendment Act A1511 2016, currently marked in force and first recorded in 2016.
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CHILD (AMENDMENT) ACT 2016
Date of Royal Assent
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...
20 July 2016
Date of publication in the
Gazette
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25 July 2016
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Child (Amendment)
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CHILD (AMENDMENT) ACT 2016
Opening note
This Act may be cited as the Child (Amendment) Act 2016.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
Amendment of section 2
The Child Act 2001 [Act 611], which is referred to as the
“principal Act” in this Act, is amended in section 2—
in the definition of “member of the family”, by substituting for the words “member of the extended family, who is a household member”
the word “relative”;
in the definition of “probation hostel”, by substituting for the words “Part X” the words
“sections 46 and 98”;
in the definition of “hospital”, by substituting for the word “University” the words “public institution of higher learning, but does not include any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized”;
in the definition of “foster parent”, in paragraph (a), by substituting for the words “paragraph 30(1)(e)”
the words “subparagraph 30(1)(c)(i)”;
by inserting after the definition of “probationer”
the following definition:
‘ “counsellor” means any counsellor, assistant counsellor, psychology officer or assistant psychology officer in the Ministry responsible for welfare services;’;
by inserting before the definition of “Director
General” the following definition:
‘ “Registrar General” means the Registrar
General of Children appointed under subsection 9(1);’;
in the definition of “Director General”, by inserting after the words “Director General of
Social Welfare” the words “and includes the
State Director of Social Welfare of each of the
States”;
by inserting after the definition of “Director
General” the following definition:
‘ “community service” means any work, service or course of instruction for the betterment of the public at large under the purview of the Ministry responsible for welfare services;’;
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by substituting for the definition of “Supervising
Court” the following definition:
‘ “Supervising Court” means the Court For
Children for the district or area in which a child is required—
to be placed or detained under any other order made under this Act;’;
in the definition of “Council”, by substituting for the words “Co-ordinating Council for the
Protection of Children” the words “National
Council for Children”;
by inserting after the definition of “Minister” the following definition:
‘ “Child Welfare Team” means a team established by the Council under section 7a;’;
by inserting after the definition of “Social Welfare
Officer” the following definitions:
‘ “Education Officer” has the meaning assigned to it in the Education Act 1996 [Act 550];
“prison officer” has the meaning assigned to it in the Prison Act 1995;’;
in the definition of “medical officer”, by substituting for the word “University” the words “public institution of higher learning, but does not include a registered medical practitioner in any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized”;
by inserting after the definition of “Protector”
the following definitions:
‘ “Assistant Protector” means a person appointed by the Minister under section 8a;
“family based care” means the care of a child in a family environment including—
the care of a child in a centre;’;
in the national language text, by substituting for the words “Pendaftar Besar” the words “Ketua Pendaftar”;
by deleting the definition of “Registrar General”
appearing after the definition of “Registrar”;
by inserting after the definition of “guardian” the following definition:
‘ “community service order” means an order requiring a child to perform community service under section 97a;’;
by substituting for the definition of “centre” the following definition:
‘ “centre” means a shelter established or operated by any person including a State
Government, either—
through a co-operation or joint-venture with the Federal Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53a;’;
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by inserting after the definition of “brothel” the following definition:
‘ “relative” means a person who is related through full-blood or half-blood, or through marriage or adoption, including de facto adoption;’; and
in the definition of “Henry Gurney School”, in paragraph (b), by substituting for the words
“Director General of Prisons” the words
“Commissioner General of Prison”; and
in subsection (2), by inserting after the words “the Federal
Territory of Kuala Lumpur” the words “, the Federal
Territory of Putrajaya”.
Amendment of Part II
The principal Act is amended by substituting for the heading of Part II the following heading:
“NATIONAL COUNCIL FOR CHILDREN”.
Substitution of section 3
The principal Act is amended by substituting for section 3
the following section:
“Establishment of the National Council for Children
Quoted provision
A council to be known by the name of “National
Council for Children” is established.
The functions of the Council are—
to advise and make recommendations to the
Government on all issues and aspects relating to the care, protection, rehabilitation, development and participation of children at the national, regional and international level;
to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding the rights and dignity of a child;
to develop programmes aiming at educating the society in the prevention of child abuse and neglect as well as the prevention of child’s involvement in immoral or criminal acts;
to ensure that the standard of services provided by
Government agencies and departments, non-governmental bodies or organizations and private sectors for the care, protection and rehabilitation of children meet the needs of children;
to co-ordinate the various resources from all parties, including Government agencies and departments, non-governmental bodies or organizations and private sectors, who are involved in providing services for the care, protection, rehabilitation and development of children;
to co-ordinate and monitor the implementation of the national policy and national plan of action relating to children by Government agencies and departments, non-governmental bodies or organizations and private sectors;
to collect and collate data and information, and undertake and promote research, relating to the care, protection, rehabilitation, development and participation of children;
to design an efficient and effective management system throughout Malaysia for children in need of protection;
to promote the participation of children in the decision making process in matters affecting them;
to monitor the activities and performance of functions of Child Protection Teams and Child Welfare Teams;
and
to do such other things as it thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
The Council shall have the power to do all things necessary or expedient for or in connection with the performance of its functions.”.
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New section 3a
The principal Act is amended by inserting after section 3 the following section:
“Funds 3a.
The Government shall allocate the Council with adequate funds annually to enable the Council to perform its functions under this Act.”.
Substitution of section 4
The principal Act is amended by substituting for section 4
the following section:
“Membership of the Council
Quoted provision
The Council shall consist of the following members:
the Minister charged with the responsibility for welfare services who shall be the Chairman;
the Secretary General of the Ministry responsible for welfare services who shall be the Deputy Chairman;
the Secretary General of the Ministry responsible for human resources or his representative;
the Secretary General of the Ministry responsible for home affairs or his representative;
the Secretary General of the Ministry responsible for communications or his representative;
a representative from the ministry, in the State of Sabah, responsible for welfare services;
a representative from the ministry, in the State of Sarawak, responsible for welfare services;
two representatives from amongst the children who shall be appointed by the Minister, on the recommendation of the Director General of Social Welfare; and
not more than five persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the
Minister.
A member of the Council appointed under paragraph (1)(r) or (s) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for reappointment for a maximum period of two consecutive terms.”.
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New section 4a
The principal Act is amended by inserting after section 4 the following section:
“Revocation and resignation 4a. (1) The Minister may, at any time, revoke the appointment of any member of the Council appointed under paragraph 4(1)(r) or (s).
Any member of the Council appointed under paragraph 4(1)(r) or (s) may, at any time, resign by giving a one-month written notice to the Minister.”.
Amendment of section 5
Section 5 of the principal Act is amended—
in subsection (3), by inserting after the words “Seven members of the Council” the words “including at least one member of the Council appointed under paragraph 4(1)(r)”; and
by inserting after subsection (4) the following subsections:
“(4a) The Council may invite any person to attend any of the meetings of the Council for the purpose of advising the Council on any matter under discussion but such person shall not be entitled to vote at the meeting.
The members of the Council and any person invited to attend a meeting of the Council under subsection (4a) may be paid such allowances as the
Minister may determine.”.
New section 5a
The principal Act is amended by inserting after section 5 the following section:
“Resolutions without meeting 5a. (1) Subject to subsection (2), the Council may, where necessary, pass a resolution without meeting.
The following conditions shall be complied with:
all members of the Council have been informed of the proposed resolution or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and
all members of the Council indicate agreement with the proposed resolution in accordance with the method determined by the Council.”.
Amendment of section 6
Section 6 of the principal Act is amended by inserting after subsection (9) the following subsection:
“(10) Except for members of the committee appointed from amongst members of the Council, any other persons appointed as members of the committees may be paid such allowance as the Minister may determine.”.
New section 6a
The principal Act is amended by inserting after section 6
the following section:
“Vacation of office 6a. (1) The office of a member of the Council appointed under paragraph 4(1)(r) or (s) and the office of a member of a committee who is not a member of the Council shall be vacated if—
there has been proved against him, or he has been convicted of, a charge in respect of—
an offence involving fraud, dishonesty or moral turpitude;
any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
in respect of a member of the Council, he absents himself from three consecutive meetings of the
Council without leave of the Chairman, and in respect of a member of a committee who is not a member of the Council, he absents himself from three consecutive meetings of the committee without leave of the chairman of the committee;
in respect of a member of the Council, his appointment is revoked by the Minister, and in respect of a member of a committee who is not a member of the Council, his appointment is revoked by the
Council; or
Where a member of the Council appointed under paragraph 4(1)(r) or (s) ceases to be a member of the Council, by reason of any provision in this Act, the Minister may appoint another person to fill the vacancy for the remaining term for which the vacating member was appointed in accordance with the provisions applicable.”.
Amendment of section 7
Section 7 of the principal Act is amended—
in subsection (1), by substituting for the word “protection”
the words “care and protection”;
by substituting for subsection (2) the following subsection:
“(2) A Child Protection Team shall consist of the following members:
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the care and protection of children, to be appointed by the Minister;
by inserting after subsection (2) the following subsection:
“(2a) The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child
Protection Team.”; and
in subsection (3), by inserting after the word “shall” the words “be supervised by a Protector and shall”.
New section 7a
The principal Act is amended by inserting after section 7
the following section:
“Establishment of Child Welfare Teams 7a. (1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a “Child
Welfare Team”, for the purpose of co-ordinating locally-based services to families and children if children—
A Child Welfare Team shall consist of the following members:
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the protection and rehabilitation of children, to be appointed by the Minister;
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The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child Welfare Team.
A Child Welfare Team shall be supervised by a probation officer or Protector and shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.”.
New section 8a
The principal Act is amended by inserting after section 8
the following section:
“Appointment of Assistant Protector 8a. The Minister may, by notification in the Gazette, appoint any person to exercise the powers and perform the duties of an Assistant Protector under sections 18, 19 and 20 subject to such conditions as may be specified in the notification.”.
Amendment of section 9
Section 9 of the principal Act is amended—
in the shoulder note, in the national language text, by substituting for the words “Pendaftar Besar” the words
“Ketua Pendaftar”;
in subsection (1), by substituting for the words “Registrar
General of Children in Need of Protection” the words
“Registrar General of Children”;
in subsection (3), in the national language text, by substituting for the words “Pendaftar Besar” the words
“Ketua Pendaftar”.
Amendment of section 14
Section 14 of the principal Act is amended—
in the shoulder note, by inserting after the word “order”
the words “placement,”; and
by substituting for paragraph (a) the following paragraph:
“(a) the placement or detention of a child in a place of detention, place of refuge, probation hostel, approved school, Henry Gurney
School, approved institution or centre;”;
by deleting the word “or” at the end of the paragraph;
by inserting after paragraph (c) the following paragraph:
“(d) the period of community service order,”;
and
by substituting for the words “detention, supervision or probation” the words “placement, detention, supervision, probation or community service”.
Amendment of section 15
Section 15 of the principal Act is amended—
in paragraph (a), by inserting after the words “be it” the words “during the investigation or”;
Child (Amendment)
in paragraph (b), by substituting for the words
“Part V” the words “Parts V, VI and VIII”;
by inserting after paragraph (b) the following paragraph:
“(ba) any child who is detained under Part
VII;”; and
in paragraph (c), by substituting for the words
“of the offences specified in the First Schedule”
the words “offence under any written law”; and
by substituting for the words “The Court For
Children, in any case” the words “The Court For
Children or, in urgent cases, a Magistrate”;
in paragraph (a), by inserting after the words
“Court For Children” the words “or Magistrate”;
and
by inserting after the word “Court” the words
“or Magistrate”.
Amendment of section 17
Subsection 17(1) of the principal Act is amended—
in paragraph (a), by substituting for the words “member of his extended family” the word “relative”;
by substituting for paragraph (c) the following paragraph:
“(c) the parent or guardian of the child—
is unfit, or has neglected, or is unable, to exercise; or
has acted negligently in exercising, proper supervision and control over the child;”;
by substituting for the comma at the end of subparagraph (ii) a semicolon; and
by deleting the words “and no other suitable person is willing and able to care for the child;”;
by deleting the word “or” at the end of subparagraph (i);
by substituting for the full stop at the end of subparagraph (ii) the words “; or”; and
by inserting after subparagraph (ii) the following subparagraph:
“(iii) carrying out any other illegal activities.”.
Amendment of section 18
Section 18 of the principal Act is amended—
in subsection (1), by inserting after the word “Protector”
wherever appearing the words “, Assistant Protector”;
and
by inserting after subsection (1) the following subsections:
“(2) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
An Assistant Protector or police officer who takes a child into temporary custody under this section shall—
immediately upon such taking, notify the
Protector of such taking and cause the parent or guardian of the child to be notified of such taking; and
within twelve hours after such taking, bring the child before a Protector.
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If a child who is taken into temporary custody under this section escapes or is removed without lawful authority, the Protector shall inquire into the circumstances of the case and notify the parent or guardian of the child of such escape or removal.
Any child who is taken into temporary custody under this section who escapes or is removed without lawful authority may be arrested without a warrant by a Protector, Assistant Protector or police officer.
If the child is arrested by a Protector, the child shall be brought before the Court For Children by the
Protector in accordance with section 19.
If the child is arrested by an Assistant Protector or a police officer, the child shall be immediately brought before a Protector who shall bring the child before the Court For Children in accordance with section 19.
Any person who—
removes a child from temporary custody under subsection (1) without lawful authority;
knowingly assists or induces, directly or indirectly, a child to escape from the temporary custody under subsection (1); or
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the temporary custody under subsection (1), commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
Amendment of section 19
Section 19 of the principal Act is amended—
in subsection (1), by inserting after the words “before a
Court For Children” the words “by a Protector”;
by substituting for the word “placed” the words
“temporarily placed”; and
in paragraph (a), by inserting after the words
“place of safety” the words “or centre”;
in subsection (3), by inserting after the words “place of safety” wherever appearing the words “or centre”; and
Section 20 of the principal Act is amended—
by inserting after subsection (1) the following subsection:
“(1a) If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant
Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3)(b), present the child before a medical officer.”;
in subsection (2), by inserting after the word “Protector”
the words “, Assistant Protector”;
by inserting after subsection (2) the following subsection:
“(2a) If a child who is taken into temporary custody by an Assistant Protector or a police officer—
is a patient in a hospital and left in the hospital under subsection (2), to be medically examined or treated, the Assistant
Protector or police officer shall notify the Protector of such action.”;
by inserting after subsection (3) the following subsection:
“(3a) If an Assistant Protector does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may, with the approval of a Protector, direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.”; and
by substituting for the words “subsection (3)” the words “subsections (3) and (3a)”; and
Amendment of section 21
Section 21 of the principal Act is amended by inserting after the words “20(1)” the words “, (1a)”.
Amendment of section 25
Subsection 25(2) of the principal Act is amended—
in paragraph (a), by inserting after the words “place of safety” the words “or centre”.
Amendment of section 27
Subsection 27(1) of the principal Act is amended by substituting for the word “Protector” the words “Social Welfare Officer”.
Amendment of section 28
Section 28 of the principal Act is amended—
in subsection (1), by substituting for the word “Protector”
the words “Social Welfare Officer”;
in subsection (2), by substituting for the words “released on a bond on conditions to be determined by the Court”
the words “liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both”; and
Amendment of section 29
Subsection 29(1) of the principal Act is amended by substituting for the word “Protector” the words “Social Welfare Officer”.
New section 29a
The principal Act is amended by inserting after section 29
the following section:
“Information on children in need of care and protection 29a. If any person, other than the persons referred to in sections 27, 28 and 29, has reason to believe that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he may give such information to a Social Welfare
Officer.”.
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Amendment of section 30
Section 30 of the principal Act is amended—
by inserting before the word “may” the words
“, after taking into consideration that it is desirable to place a child in a family based care,”;
by substituting for paragraph (c) the following paragraph:
“(c) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1)(e), make an order—
placing the child in the care, custody and control of a foster parent found to be suitable by the
Director General for a period of two years from the date the child is placed in the care, custody and control of the foster parent or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety;
or
placing the child in the care of a fit and proper person for a period of two years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;”;
by inserting after paragraph (c) the following paragraph:
“(ca) make an order placing the child in a centre for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;”;
by inserting after subsection (1) the following subsection:
“(1a) In addition to an order made under paragraph (1)(a), (b), (c) or (ca), the Court For
Children may make an order placing the child under the supervision of—
other person appointed for the purpose by the
Court For Children, for a period specified by the Court For Children.”;
in subsections (2) and (3), by substituting for the words
“paragraph (1)(e)” wherever appearing the words
“subparagraph (1)(c)(i)”;
in paragraph (13)(b), by inserting after the words “place of safety” the words “or centre”.
Amendment of section 31
Section 31 of the principal Act is amended—
in paragraph (a), by inserting after the words “the child” the words “or acts negligently”;
by substituting for subsection (2) the following subsection:
“(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection—
to execute a bond with sureties to be of good behavior for such period and on such conditions as the Court thinks fit; and
by inserting after subsection (3) the following subsections:
“(3a) The community service referred to in paragraph (2)(b)—
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
shall be performed within the period not exceeding six months from the date of the order; and
Any person who fails to comply with the order of the
Court to perform community service under paragraph (2)(b)
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.”.
Amendment of section 32
Section 32 of the principal Act is amended—
by deleting the word “or” at the end of paragraph (a);
by inserting after paragraph (b) the following paragraph:
“(c) carrying out any other illegal activities,”;
by inserting after subsection (1) the following subsections:
“(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform community service.
The community service referred to in subsection (2)—
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
shall be performed within the period not exceeding six months from the date of the order; and
Any person who fails to comply with the order of the Court to perform community service under subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.”.
Amendment of section 33
Section 33 of the principal Act is amended—
by substituting for the word “five” the word
“twenty”; and
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by inserting after subsection (1) the following subsections:
“(2) The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to perform community service.
The community service referred to in subsection (2)—
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
shall be performed within the period not exceeding six months from the date of the order; and
Any person who fails to comply with the order of the Court to perform community service under subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.”.
Amendment of section 34
Subparagraph 34(1)(a)(ii) of the principal Act is amended by inserting after the word “Protector” the words “, Assistant
Protector”.
Amendment of section 35
Subsection 35(4) of the principal Act is amended—
by inserting after the word “Protector” the words “, after taking into consideration that it is desirable to place a child in a family based care,”; and
in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;
in a place of safety, until the child attains the age of eighteen years or for any shorter period.”.
Amendment of section 37
Section 37 of the principal Act is amended—
by inserting after the word “Protector” the words
“, after taking into consideration that it is desirable to place a child in a family based care,”; and
in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;
in a place of safety, until the child attains the age of eighteen years or for any shorter period.”.
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Amendment of section 38
Section 38 of the principal Act is amended—
by inserting after paragraph (c) the following paragraphs:
“(d) has been brought into or is to be sent out of
Malaysia and the custody of the child has been acquired either—
after having been purchased; or
by fraud, false representation or false pretence, whether or not for the purposes of prostitution or for having sexual intercourse with another or for immoral purposes;
has been procured either within or outside Malaysia for the purpose of being used, trained or disposed of as a prostitute; or
for the purposes of prostitution or for having sexual intercourse with another or for immoral purposes; or
for the purposes of being sent out of
Malaysia for prostitution or for having sexual intercourse with another or for immoral purposes.”.
Amendment of section 39
Section 39 of the principal Act is amended—
by inserting after the word “removed” the word
“immediately”; and
by inserting after subsection (1) the following subsection:
“(1a) If the person ordered under subsection (1)
fails to comply within twenty-four hours with the order made under that subsection, the Protector or police officer may remove the child and temporarily place the child in a place of refuge.”;
by substituting for the word “detained” the word
“placed”; and
by substituting for the words “subsection (1)” the words “subsections (1) and (1a)”;
in subsection (3), by substituting for the words “subsection (1)”
the words “subsection (2)”; and
by substituting for subsection (4) the following subsection:
“(4) If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order for the child to be placed in a place of refuge until an order is made by the Court under section 40.”.
New section 39a
The principal Act is amended by inserting after section 39
the following section:
“Inquiry by Protector 39a. (1) If a Court For Children makes an order for a child to be placed in a place of refuge under subsection 39(4), an inquiry into the circumstances of the child’s case shall be made by the Protector.
The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date the order is made under subsection 39(4).”.
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Substitution of section 40
The principal Act is amended by substituting for section 40
the following section:
“Powers of Court For Children in relation to a child in need of protection and rehabilitation
Quoted provision
If after considering the report submitted under section 39a, the Court For Children is satisfied that any child brought before it is a child in need of protection and rehabilitation, the Court For Children, after taking into consideration that it is desirable to place a child in a family based care, may—
make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court For Children may determine, for a period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child;
make an order placing the child for a period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court For Children considers to be a fit and proper person to undertake the care of such child;
make an order placing the child under the supervision of a Social Welfare Officer appointed for the purpose by the Court For Children, subject to such conditions as the Court thinks fit and for a period not exceeding three years from the date of the order;
make an order placing the child in a centre for a period not exceeding three years from the date of the order; or
make an order placing the child in a place of refuge for a period of three years from the date of the admission of the child into a place of refuge under subsection 39(1) or (1a), as the case may be, and the order shall be an authority for his placement in a place of refuge.
In determining what order to be made under subsection (1), the Court For Children shall treat the best interests of a child as the paramount consideration.
An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.
Notwithstanding subsection (3), an order under subsection (1) may be made if the Court For Children is satisfied on the information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
The order made under paragraph (1)(c) or (e) may have the effect of extending the period of such supervision or placement, as the case may be, beyond the date on which the child attains the age of eighteen years.
Notwithstanding paragraph (1)(e), the Board of Visitors of the place of refuge in which a child is being placed may reduce the period of the placement of the child but no reduction shall be made which will have the effect of enabling the child to be released from the place of refuge within twelve months from the date of his admission into the place of refuge as specified in that paragraph, except by the authority of the Minister.
The Court For Children shall, when making an order under paragraph (1)(c) or (e), order the parent or guardian of a child to execute a bond for the duration of the order with such conditions which may include—
in the case of paragraph (1)(c), ensuring that the child remains indoors within stipulated times; and
in the case of paragraph (1)(e), regular visits to the place of refuge where the child is placed.
Any child sent to a place of refuge under paragraph (1)(e) shall, on the expiration of the period of his placement whether—
by reason of any reduction made pursuant to subsection (6),
Child (Amendment)
33
be placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for such purpose.
The period of supervision for the purpose of subsection (8) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shall not in any case exceed one year from the date of expiration of the period of placement of the child.
The Minister may, on the application of the child or his parent or guardian, exempt the child from the application of subsection (8) if he is satisfied that the case warrants such exemption.
Without prejudice to the powers of the Board of
Visitors pursuant to subsection (6), the Court For Children may, on the application in writing made by—
the parent or guardian of the child to whom an order made under this section relates; or
the child, amend, vary or revoke any order made under this section—
(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; and
(bb) upon proof that the circumstances under which the order was made have changed after the making of the order.
A Court For Children may, in making any order under subsection (1), impose such conditions or give such directions as the Court thinks fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose; or
if the child is in an educational institution, that the parent or guardian of the child shall consult with the child’s teacher and head teacher or principal once a month.
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (12) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
Any person who fails to comply with the conditions of the bond under paragraph (1)(a) or subsection (7) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.”.
Amendment of section 41
Section 41 of the principal Act is amended—
in subsection (1), by substituting for the words “his own application in the prescribed form” the words “the application of the child or his parent or guardian”;
by substituting for subsection (3) the following subsection:
“(3) Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may, on an application made to him by the child or by the parent or guardian of the child, receive into the place of refuge any child who is in urgent need of protection.”; and
by inserting after subsection (6) the following subsection:
“(7) The Protector may impose such conditions or give such directions as he thinks fit for the purpose of ensuring the safety and well-being of the child received or brought under this section, and such conditions or directions may include the following:
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
Child (Amendment)
that the parent or guardian of the child shall visit the child on a regular basis as determined by the Protector; or
that the parent or guardian of the child accompanied by the child shall attend counselling sessions conducted by a counsellor.”.
Deletion of section 42
The principal Act is amended by deleting section 42.
Amendment of section 43
Paragraph 43(1)(d) of the principal Act is amended by inserting after the words “any other person” the words “or for immoral purposes”.
Amendment of section 45
Section 45 of the principal Act is amended—
by substituting for the word “detained” the word
“placed”;
by substituting for the word “detention” the word
“placement”;
by substituting for the words “in accordance with paragraph 30(1)(d)” the words “but the placement shall not extend beyond the date on which the child attains the age of eighteen years.”.
Substitution of section 46
The principal Act is amended by substituting for section 46
the following section:
“Children beyond control
Quoted provision
An application in writing may be made to the
Court For Children to detain a child in a probation hostel or centre—
by a parent or guardian of a child, on the ground that the parent or guardian is unable to exercise proper supervision and control over the child and the child is falling into bad association; or
by a Protector in the case of a child who has no parent or guardian or has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, on the ground that the child is not under proper supervision and control and the child is falling into bad association.
Upon receiving the application under paragraph (1)(a), the Court For Children shall ascertain that the parent or guardian—
After receiving the application under subsection (1) and in the case of the application made under paragraph (1)(a)
the ascertainment under subsection (2) has been made, the
Court For Children—
shall immediately inquire into the circumstances of the child’s case;
Child (Amendment)
shall direct the probation officer to prepare and submit a probation report to the Court For Children for the Court to determine whether an order under subsection (5) may be made in respect of the child;
and
may order the child to be temporarily detained in a probation hostel or centre if it considers necessary to do so.
In order to enable the probation officer to prepare and submit the probation report referred to in paragraph (3)(b), the Court For Children may, from time to time, adjourn the case for such period not exceeding one month at a time.
The Court For Children may, after considering the probation report referred to in paragraph (3)(b) and taking into consideration that it is desirable to place a child in a family based care—
a probation officer; or
any person appointed for the purpose by the Court, for a period specified by the Court.
In addition to an order made under paragraph (5)(a), (b)
or (c), the Court For Children shall make an order placing the child under the supervision of—
any person appointed for the purpose by the
Court, for a period not exceeding three years from the date of the order.
The Court For Children may, in making any order under subsection (5), impose such conditions or give such directions as the Court thinks fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
that the parent or guardian of the child shall visit the child on a regular basis as determined by the
Court For Children;
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
that the parent or guardian of the child accompanied by the child shall attend counselling sessions conducted by a counsellor; or
if the child is in an educational institution, that the parent or guardian of the child shall consult with the child’s teacher and head teacher or principal once a month.
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (7)
commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.”.
Amendment of section 47
Section 47 of the principal Act is amended—
in subsection (1), by substituting for the words “46(2)(bb)”
the words “46(5)(d) or subsection 46(6)”; and
by substituting for subsection (2) the following subsection:
“(2) The Supervising Court before whom a child is brought under paragraph (1)(b) may amend the order made under section 46—
if the Supervising Court is satisfied that it is in the best interests of the child to do so; and
upon proof that the circumstances under which the order was made have changed after the making of the order,
Child (Amendment)
39
and a copy of the amending order shall be given to the
Court For Children in which the order was made under section 46.”.
Amendment of section 48
Section 48 of the principal Act is amended—
by substituting for the word “five” wherever appearing the word “twenty”.
Amendment of section 49
Section 49 of the principal Act is amended—
New Part VIIIa
The principal Act is amended by inserting after section 53
the following Part:
“Part VIIIa
CENTRE
Minister may approve centres 53a. (1) The Minister may approve any centre to be a place for the care, protection and rehabilitation of children as may be required for the purposes of this Act.
The Minister shall cause centres to be inspected for the purpose of ensuring the safety and well-being of children placed in such centres.”.
Amendment of section 55
Subsection 55(1) of the principal Act is amended by substituting for the word “care” the word “protection”.
New section 55a
The principal Act is amended by inserting after section 55
the following section:
“Aftercare of child released from place of refuge 55a. If a child is sent to a place of refuge, the Court For
Children making the order shall, at the same time, make an order that after the expiration of the period of his placement he shall, for a period of one year, be under the supervision of—
Paragraph 56(b) of the principal Act is amended—
Amendment of section 59
Paragraph 59(a) of the principal Act is amended by substituting for the word “Protector” the words “probation officer”.
Child (Amendment)
41
New section 62a
The principal Act is amended by inserting after section 62
the following section:
“Aftercare of child released from probation hostel 62a. If a child is sent to a probation hostel, the Court For
Children making the order shall, at the same time, make an order that after the expiration of the period of his detention he shall, for a period of one year, be under the supervision of—
Substitution of section 63
The principal Act is amended by substituting for section 63
the following section:
“Child who escapes or is removed from probation hostel
Quoted provision
Any child who escapes or is removed from a probation hostel without lawful authority—
If the child is brought before the Supervising Court under paragraph (1)(b)—
in the case of a child detained in a probation hostel under paragraph 46(5)(c), the Supervising Court may exercise its power under subsection 47(2); and
in the case of a probationer, the Supervising Court may deal with the child for the offence for which he was sent to the probation hostel in the same manner in which the Supervising Court could deal with him if it had found him guilty of that offence.”.
Amendment of section 67
Subsection 67(1) of the principal Act is amended—
in paragraph (a), by inserting after the word “offence”
the words “other than grave crimes”;
by substituting for paragraph (b) the following paragraph:
“(b) the probation report submitted to the Court For
Children shows that the child is in need of institutional rehabilitation; and”; and
by substituting for the words “on the recommendation of the probation officer” the words “after considering the probation report”.
Amendment of section 70
Paragraph 70(b) of the principal Act is amended by substituting for the words “Child Welfare Committee” the words “Child
Welfare Team”.
Amendment of section 71
Subsection 71(1) of the principal Act is amended by inserting after the word “warrant” the words “by a probation officer or police officer”.
New section 73a
The principal Act is amended by inserting after section 73
the following section:
“Commissioner General of Prison’s Standing Orders in respect of Henry Gurney School 73a. The Commissioner General of Prison may issue the
Commissioner General of Prison’s Standing Orders in respect of Henry Gurney School which shall be consistent with this
Act or any regulations made under this Act.”.
Child (Amendment)
43
Amendment of section 75
Section 75 of the principal Act is amended—
by substituting for paragraph (b) the following paragraph:
“(b) the probation report submitted to the
Court For Children shows that the child is not suitable to be rehabilitated in an approved school; and”; and
by substituting for the words “on the recommendation of the probation officer” the words “after considering the probation report”;
by deleting the word “and” at the end of subparagraph (i);
by substituting for the words “Director
General of Prisons” the words
“Commissioner General of Prison”;
and
by substituting for the full stop at the end of the paragraph the words “; and”;
and
by inserting after subparagraph (ii) the following subparagraph:
“(iii) in subsection 71(1), for the words “probation officer” there shall be substituted the words “prison officer”.”; and
in subsection (3), by substituting for the words “Director
General of Prisons” the words “Commissioner General of Prison”.
Amendment of section 81
Section 81 of the principal Act is amended—
Amendment of section 82
Section 82 of the principal Act is amended by substituting for the words “and approved school” the words “, approved school and Henry Gurney School”.
Amendment of section 83
Section 83 of the principal Act is amended—
in the shoulder note, by substituting for the words “Trials of” the words “Criminal procedure for”; and
New section 83a
The principal Act is amended by inserting after section 83
the following section:
“Arrest 83a. (1) A child who is arrested shall not be handcuffed unless—
the child forcibly resists the endeavour to arrest him or attempts to evade the arrest.
Child (Amendment)
When a child is arrested, he shall be informed of his grounds of arrest, and a police officer shall, as soon as may be, before commencing any form of questioning or recording of any statement from the child, communicate to the parent or guardian, or relative of the child and a probation officer to inform—
A police officer may allow the probation officer and the parent or guardian of a child to be present at the place where the child is being detained after arrest to ensure the child’s welfare.
Nothing in this section shall be deemed to affect the powers of a police officer to deal with a child arrested in accordance with the Criminal Procedure Code.”.
Amendment of section 85
Section 85 of the principal Act is amended—
in the shoulder note, by inserting after the words “police stations” the words “, places of detention”;
by substituting for paragraph (a) the following paragraph:
“(a) to prevent a child while—
being conveyed to or from a police station or place of detention;
waiting before or after attendance in any
Court, from associating with an adult who is charged with an offence;”; and
by substituting for paragraph (c) the following paragraph:
“(c) to prevent the picture of a child while—
being arrested;
waiting before or after attendance in any
Court, from being recorded in any manner on tape or film or by any electronic medium.”.
Amendment of section 87
Section 87 of the principal Act is amended by deleting paragraph (a).
Amendment of section 90
Section 90 of the principal Act is amended—
in subsection (12), by inserting after the words “child,”
the words “direct a probation officer to prepare and submit a probation report to the Court for the Court to”; and
in subsection (13), by substituting for the words “by a probation officer” the words “and submitted by the probation officer within thirty days from the date the direction is given by the Court For Children to the probation officer to prepare and submit the probation report”.
Child (Amendment)
47
Amendment of section 91
Subsection 91(1) of the principal Act is amended—
by inserting after paragraph (d) the following paragraph:
“(da) make a community service order;”; and
Deletion of section 92
Section 92 of the principal Act is deleted.
Amendment of section 95
Subsection 95(2) of the principal Act is amended by substituting for the words “Except in the case of whipping, the execution of which shall be stayed pending appeal, no” the word “No”.
New Chapter 3a of Part X
Part X of the principal Act is amended by inserting after section 97 the following Chapter:
“Chapter 3a
COMMUNITY SERVICE ORDER
Community service order 97a. (1) If a Court For Children by or before which a child is found guilty of an offence, is of the opinion that it is appropriate to do so, the Court For Children may make an order requiring the child to perform community service not exceeding one hundred twenty hours in aggregate within the period not exceeding six months, at such time and place as may be specified by the Court For Children.
During the period of community service order, the child—
shall perform the community service for the number of hours in aggregate imposed on him by the Court
For Children within the period not exceeding six months;
shall comply with such other requirements, as the
Court For Children having regard to the circumstances of the case considers necessary including any one or more of the following:
that the child shall attend interactive workshops organized at designated centres established for such purpose;
if the child is in an educational institution, that the child shall attend the institution; or
If the Court For Children makes a community service order under subsection (1), the Court For Children shall—
consider the recommendations and views of a probation officer as to the suitability of the community service to be performed by the child;
explain to the child in simple language, suitable to his age, maturity and understanding—
the effect of the order; and
that failure to comply with any requirement of the order is an offence; and
Child (Amendment)
the parent or guardian of the child;
except if it is itself the Supervising Court, the
Court For Children for the district or area named in the order in which the child is required to perform the community service.
Failure to comply with community service order 97b. (1) If at any time during the period of community service order it appears to a Supervising Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97a(2)(a), (b) or (d), the Supervising Court may issue—
a summons requiring the child to appear at the place and time specified in the summons; or
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
A summons or warrant issued under this section shall direct the child to appear or be brought before the Supervising
Court.
A child when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection (3)—
be released on bail, with or without sureties, until such time as he can be brought before the Supervising
Court.
If it is proved to the satisfaction of the Supervising
Court that a child has failed to comply with any of the requirements of the community service order under paragraph 97a(2)(a), (b) or (d), the Court may, without prejudice to the continuance of the community service order—
deal with the child for the offence in respect of which the community service order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence;
or
in the case of a child who has not performed the community service for the full hours in aggregate imposed on him, order him to perform the community service for the unexpired residue of hours in aggregate under the order originally issued by the
Court For Children for such period not exceeding six months from the date of the order made under this paragraph.
A fine imposed under this section for failing to comply with any of the requirements of a community service order shall be—
deemed for the purpose of any written law to be a sum adjudged to be paid on a conviction; and
taken into account in making any subsequent order upon the child under this section or section 97c.
For the purposes of paragraph (6)(a), “a sum adjudged to be paid on a conviction” includes any costs, damages or compensation adjudged to be paid on a conviction of which the amount is ascertained by the conviction.
Child (Amendment)
A child who fails to comply with paragraph 97a(2)(c)
shall be dealt with under section 97c.
Commission of further offence 97c. (1) If it appears to a Supervising Court that—
a child has been found guilty by a Court of an offence committed during the period of the community service order; and
the child has been dealt with in respect of that offence, the Supervising Court may issue—
(aa) a summons requiring the child to appear at the place and time specified in the summons; or
(bb) a warrant for his arrest.
A warrant under subsection (1) shall not be issued except on information in writing and on oath submitted by a probation officer.
A summons or warrant issued under this section shall direct the child to appear or to be brought before the
Supervising Court.
If it is proved to the satisfaction of the Supervising
Court that a child in whose case the order was made has been found guilty and dealt with in respect of an offence committed during the period of community service order, the
Court may deal with him for the offence for which the order was made in any manner in which the Court could deal with him if the Court had found him guilty of that offence.
Effects of community service order 97d. (1) The finding of guilt for an offence for which an order is made under this Chapter requiring the child to perform community service shall be deemed not to be a conviction for any purpose other than for the purposes of—
Subsection (1) shall not affect—
to appeal against a finding of guilt; or
to rely on a finding of guilt in bar of any subsequent proceedings for the same offence;
or
the revesting or restoration of any property in consequence of the finding of guilt of any such child.
Amendment of community service order 97e. (1) If the Supervising Court is satisfied that a child proposes to change or has changed his residence from the district or area named in the community service order to another district or area, the Court may, and if an application on that behalf is made by the probation officer, shall, by order amend the community service order by substituting for the district or area named therein the district or area where the child proposes to reside or is residing.
If the community service order contains requirements which, in the opinion of the Supervising Court, cannot be complied with unless the child continues to reside in the district or area named in the order, the Supervising Court shall not amend the order except in accordance with subsection
If a community service order is amended under subsection (1), the Supervising Court shall send to the
Court For Children for the new district or area named in the order a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to the Court For Children.
Without prejudice to subsections (1) and (3), the
Supervising Court may, on an application made by the probation officer or by the child, by order amend the community service order by—
inserting in the community service order, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if the order were then being made by the
Court in accordance with section 97a.
The Supervising Court shall not amend a community service order under subsection (4) by—
extending that period such that the community service period becomes more than six months.
Court to give copies of amending community service order to probation officer 97f. On the making of an order amending a community service order under section 97e—
the Court shall immediately give sufficient copies of the amending order to the probation officer; and
Amendment of section 106
The principal Act is amended by substituting for subsection 106(1)
the following subsection:
“(1) A child who escapes or is removed from the care of a fit and proper person without lawful authority may—
be arrested without a warrant by a Protector, probation officer or police officer; and
be brought before the Court For Children by which the order was made or before the Supervising Court.”.
Amendment of section 115
Section 115 of the principal Act is amended—
in paragraph (b), by inserting after the word “Protector”
the words “, Assistant Protector”;
in paragraph (c), by inserting after the word “Protector”
the words “, Assistant Protector”;
Amendment of section 118
Section 118 of the principal Act is amended by deleting the words “in Need of Protection”.
Amendment of section 119
Section 119 of the principal Act is amended—
by inserting after paragraph (a) the following paragraph:
“(aa) details of persons convicted of any offence in which a child is a victim; and”.
Amendment of section 120
Paragraph 120(1)(c) of the principal Act is amended by substituting for the words “Child Welfare Committee” the words
“Child Welfare Team”.
Amendment of section 123
Section 123 of the principal Act is amended by inserting after the words “Protector,” the words “Assistant Protector, prison officer,”.
Amendment of section 125
Section 125 of the principal Act is amended—
Section 128 of the principal Act is amended—
in paragraph (a), by inserting after the words
“probation hostels” the words “, places of detention”;
in paragraph (c), by inserting after the words
“responsibilities of” the words “Protectors,
Assistant Protectors and”;
in paragraph (d), by substituting for the words
“Child Welfare Committees” the words “Child
Protection Teams and Child Welfare Teams”;
and
in paragraph (m), by inserting after the words
“Child Protection Teams” the words “and Child
Welfare Teams”; and
by substituting for the word “five” the word “ten”;
and
Amendment of First Schedule
The First Schedule to the principal Act is amended by substituting for the words “Paragraphs 15(1)(c) and” the word
“Paragraph”.
Savings provision
For the purposes of this section, “appointed date” means the date appointed under subsection 1(2) for the coming into operation of this section.
On the appointed date, the Co-ordinating Council for the
Protection of Children is dissolved (“the dissolved Council”).
The members of the dissolved Council appointed under the principal Act and the members of the committees appointed by the dissolved Council under the principal Act before the appointed date shall cease to hold office on the appointed date.
Every act or thing done, taken or commenced by the members of the dissolved Council referred to in the principal
Act before the appointed date shall, on and after the appointed date, be deemed to have been done, taken or commenced under the principal Act as amended by this Act.
Any investigation, inquiry, trial or proceedings, and matters relating to such investigation, inquiry, trial or proceedings under the principal Act existing and pending immediately before the appointed date shall continue and be dealt with under the principal
Act as if it had not been amended by this Act.
Child (Amendment)
Any investigation, inquiry, trial or proceedings, and matters relating to such investigation, inquiry, trial or proceedings which could have been commenced or instituted under the principal Act before the appointed date shall be commenced, instituted and dealt with under the principal Act as if it had not been amended by this Act.
Any application or approval under the principal Act existing and pending on the appointed date shall, on the appointed date, be dealt with under the principal Act as amended by this Act.
Any judgment, sentence, order, decision or direction made under the principal Act shall, on the appointed date, be deemed to have been made under the principal Act as amended by this
Act and continue to be in force and have effect.
Subject to subsection (10), any judgment, sentence, order, decision or direction made under the principal Act existing and pending immediately before the appointed date shall, on the appointed date, be dealt with under the principal Act as if it had not been amended by this Act.
Any order made under section 30, 35, 37, 40 or 46 of the principal Act existing and pending immediately before the appointed date shall, on the appointed date, be dealt with under the principal Act as amended by this Act.
Any such rights, privileges, obligations, liability, penalty or punishment acquired, accrued or incurred under the principal
Act may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.
KUALA LUMPUR
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