104. Federal law amending the border control law and the citizenship law in 1985

The National Council has decided:

Article 1

Federal law amending the border control law

The Border Control Act (GrekoG), BGBl. No 435/1996, as last amended by the Federal Law Gazette (BGBl). I n ° 68/2013 and the Federal Law BGBl. I n ° 11/2014, shall be amended as follows:

1. In accordance with Section 12a (1), the following paragraph 1a is inserted:

" (1a) In the context of border control, the institutions of the Public Security Service shall be authorised to check with minors whether the person's consent to the crossing of the border is present, which shall be with the legal representation in the case of care and If there are reasonable doubts as to the existence of the consent of that person or evidence that the minor intends to take part in or assist in fighting abroad, he/she shall be responsible for his/her understanding of the situation. Pending the removal of such doubts, the institutions shall be empowered to deny the minor the exit and to withhold the travel document of that person. The last sentence of paragraph 2 applies. "

(2) The following paragraph 6 is added to section 12a (5):

" (6) The bodies of the public security service shall be authorised, within the framework of border control, to persons who shall:

1.		the passport according to § 15 of the PassG, identity card pursuant to § 19 (2) of the PassG iVm § 15 PassG, a tourist pass according to § 93 of the German Foreigners Act 2005-FPG, BGBl. I Nr.100 or Convention passport pursuant to § 94 (5) FPG iVm § 93 FPG enforceable, or
2.		failed to issue a document referred to in Z 1 in accordance with § 14 of the PassG, § 19 paragraph 2 of the PassG iVm § 14 PassG, § 92 FPG or § 94 paragraph 5 iVm § 92 FPG,
to deny the border crossing. The institutions of the Public Security Service are authorized to enforce the orders they have taken in accordance with § 50 (2) and (3) of the SPG with direct command and force of force. "

3. In Section 16 (1), the phrase "from the district administrative authority, in the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, by the State Police Directorate," through the phrase "from the State Police Directorate" replaces and eliminates the word sequence 'constitutes the offence of a criminal offence which falls within the jurisdiction of the courts or'; in Z 6, the words shall be replaced by the word " or " replaced and the following Z 7 added:

" 7.		in spite of the conditions laid down in § 12a (6) (1) or (2), the crossing of the border is made, "

4. In § 18, the following paragraph (8) is added:

" (8) § 12a (1a) and (6) and § 16 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I No 104/2014 will be 1. Jänner 2015 in force. "

5. In § 21 Z 2, the word order shall be "European and international affairs" through the phrase "Europe, integration and exterior" replaced.

Article 2

Federal law amending the citizenship law in 1985

The State Citizenship Act 1985 (StbG), BGBl. No. 311/1985, as last amended by the Federal Law BGBl. I n ° 136/2013, the BGBl announcement. I n ° 188/2013 and the Federal Law BGBl. I n ° 11/2014, shall be amended as follows:

1. The previous content of § 33 receives the sales designation "(1)" and shall be added to the following paragraph 2:

"(2) A citizen who voluntarily takes part actively in fighting abroad in the context of an armed conflict for an organized armed group is to be removed from citizenship if he does not become stateless."

2. In § 64a, the following paragraph (22) is added:

" (22) § 33 in the version of the Federal Law BGBl. I n ° 104/2014 shall enter into force 1. Jänner 2015 in force. "

3. In § 66 Z 1 lit. c will be the phrase "European and international affairs" through the phrase "Europe, integration and exterior" replaced.

Fischer

Faymann