Spg Novella 2014

Original Language Title: SPG-Novelle 2014

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43. Federal Act to amend the Security Policy Act (SPG-Novelle 2014)

The National Council has decided:

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 195/2013, shall be amended as follows:

1. In the table of contents, the entry is 3. Section of the 2nd main piece in 3. Part:

" 3. Section

Special powers to prevent violence and racism at large-scale sports events "

2. § 5 (2) reads:

" (2) Institutions of the public security service shall be

1.

Members of the Federal Police Office,

2.

Members of the community watchmaking bodies,

3.

members of the legal service to the security authorities, where these bodies are authorized to exercise direct command and enforcement authority, and

4.

other members of the State Police Directorates and the Federal Ministry of the Interior, if these institutions have completed the basic training of the Executive Service (Police Basic Training) and are responsible for the exercise of direct command and enforcement are authorized. "

Section 9 (1) reads as follows:

" (1) Unless otherwise stipulated in the federal law, the security administration outside the territory of those municipalities in which a State Police Directorate is at the same time the security authority of the first instance, shall be responsible for the district administrative authorities, to which: for the district and city police stations and their police inspections. "

4. In Section 16 (2), in the Z 4 the word "exclusive" by the word "exclusive" replaced and in the Z 5 at the end the word "or" and the following Z 6 shall be added:

" 6.

according to the New-Psychoactive-Substances-Gesetz (NPSG), BGBl. I No 146/2011, "

5. In Section 22 (1), in Z 5 the point is replaced by a line-point and the following Z 6 is added:

" 6.

of facilities, installations, systems or parts thereof, which are of fundamental importance for the maintenance of public safety, the functioning of public information and communication technology, the prevention or control of of disasters, public health services, public supply of water, energy, vital goods, or public transport (critical infrastructure). "

6. In the title of the 3. Section of the 2nd main piece in the 3. Part will be after the word "Violence" the phrase "and Racism" inserted.

7. In § 49a, paragraph 1 shall be followed after the word order "for property on a large scale" the phrase "or to dangerous attacks according to the Prohibition Act or § 283 StGB" and paragraph 2 shall be inserted after the word order "because of previous dangerous attacks against life, health or property" the phrase "under the use of force, under the Prohibition Act or § 283 StGB" inserted and the phrase "Dangerous attacks using force" through the phrase "such a dangerous attack" replaced.

8. In § 49b, the word order shall be "in direct relation" through the phrase "related" replaced.

9. § 49c (1) Z 1 reads:

" 1.

a dangerous attack against life, health or property using force, in accordance with the Prohibition Act or § 283 of the German Civil Code (StGB) or a comparable situation abroad has been carried out, or "

10. In Section 49c (1), the word order shall be "in connection with this major sporting event, a dangerous attack against life, health or foreign ownership" through the phrase "in connection with this major sporting event, a dangerous attack (Z 1)" replaced.

11. In § 55a (2), in Z 3, before the word "Request" the word "reasoned" inserted and the following Z 3a is inserted:

" 3a.

on a reasoned request from the undertaking in which the person concerned performs or seeks an activity in which he has access to confidential information, the illegal exploitation of which has a lasting effect on the functioning or the destruction of a critical Infrastructure (Section 22 (1) (6)) would be effective; "

12. In § 55b (5), after the quote "§ 55a (2) Z 3" the citation "and Z 3a" inserted.

13. § 56 (1) (3a) is:

" 3a.

to the Austrian Football Association and the Austrian Football League for the examination and instigation of a ban on sports activities if the person concerned is a dangerous attack against life, health or property under the application of Violence, in accordance with the Prohibition Act or § 283 of the German Civil Code (StGB) in connection with a football sporting event. For this purpose, only the name, date of birth, residence address, information on the reason and the relevant circumstances of the recording and, where appropriate, information on the outcome of the criminal proceedings as well as on substantiated demand, existing image data of the Data subject to be transmitted; "

14. § 57 (1) (11a)

" 11a.

the person concerned has committed, in connection with a major sporting event, a dangerous attack against life, health or property using force, in accordance with the Prohibition Act or § 283 of the StGB Act and on the basis of certain facts fear that it will commit further such dangerous attacks at future major sporting events and that it will be required for the purposes of § 49a; this also applies to comparable facts about the communication of a foreign country. security authority; "

15. In § 64 (6), the phrase "a dangerous attack" through the phrase "an intentional act threatened with a court sentence" replaced.

16. In § 65, the word order is given in para. 1 "Plot Threatened with Punishment" through the phrase "Deliberate Act with Judicial Punishment" replaced and in paragraph 5 of the clamp reference "(§ § 73 and 74)" is deleted.

17. § 67 (1) reads:

" (1) A recognition service in which the DNA of a person is to be determined shall be admissible if the person concerned is suspected of being subject to a criminal offence punishable by a sentence of at least one year's imprisonment , and because of the nature or execution of the act or the personality of the person concerned, it is to be feared that he will carry out dangerous attacks and leave any traces of his recognition on the basis of the genetic data obtained. Information would be possible. To the extent that this is necessary for the evaluation of existing DNA traces, such recognition service treatment may also be carried out in persons iSd § 65 (2). Moreover, Section 65 (4) to (6) shall apply. "

18. In Section 73 (1), after the quote "§ 65" the citation "or § 67" inserted and in the Z 4 the word sequence "a dangerous attack" through the phrase "the deliberate act that is threatened with judicial punishment" replaced.

19. The following paragraph 37 is added to § 94:

" (37) § § 5 (2), 9 (1), 16 (2), 22 (1), 49a (1) and (2), including the title, 49b, 49c (1), 55a (2) Z 3 and Z 3a, 55b (5), 56 (1) (3a), 57 (1), (1), (64) (6), (65) (1) and (5), 67 (1), 73 (1) and (1) and (2), (1) and (5), (1) and ( Table of contents in the version of the Federal Law BGBl. I No 43/2014 will enter into force on 1 July 2014. "

Fischer

Faymann