Civil Status Law Implementation Regulation 2013 - Pstg Dv 2013

Original Language Title: Personenstandsgesetz-Durchführungsverordnung 2013 – PStG-DV 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_324/BGBLA_2013_II_324.html

324. Regulation of the Minister of the Interior on the implementation of the civil status act 2013 (2013 - civil status law implementation regulation PStG DV 2013)

According to the civil status act 2013 (PStG 2013), Federal Law Gazette I no. 16/2013, is - with regard to determining the cost of the mortality data queries according to § 44 par. 2 PStG 2013 – in agreement with the Federal Minister of finance, prescribed:

Table of contents



1st section General information



§ 1.



Characteristics of civil status



2. section birth



§ 2.



Display and registration of the birth of § 3.



Instruction section 4.



After capturing data changes



3. section marriage and registered partnership



§ 5.



Procedure and subsequent capture in marriage and a registered partnership



§ 6.



Certificate template



§ 7.



After capturing data changes



§ 8.



Instruction section 9.



Witnesses



4 section death



§ 10.



Display and registration of death



5. Section General rules for entries



§ 11.



Translations and transliterations



§ 12.



Academic degrees and State designations



§ 13.



That have become common spelling



§ 14.



Correction



6 article data security



§ 15.



Definitions



§ 16.



Person in charge



§ 17.



Service provider



§ 18.



Data security measures



§ 19.



Access permission



§ 20.



Instruction obligation



§ 21.



Granting the query permission



section 22.



Withdrawal of access permission or the query



section 23.



Access to rooms



§ 24.



Technical arrangements



§ 25.



Messages to the operator



section 26.



Control by the operator



§ 27.



Documentation



7 section documents, information, data transmission



section 28.



Design of documents



section 29.



Certification and legalization section 30.



Data collection and labelling the post acquisition



§ 31.



Information § 32.



After recording for exhibition of documents and at the request of the person concerned 8 section query of the death date of section 33.



Query



§ 34.



Cost



9 section

Final and transitional provisions



section 35.



Linguistic equal treatment



section 36.



References



section 37.



To § 61 para 4 PStG 2013



section 38.



Entry into force 1 section

General information

Characteristics of civil status

§ 1. The status of a person within the rule of law in the sense of § 1 para 1 of the civil status act 2013 - 2013 PStG, Federal Law Gazette I no. 16/2013, arises in particular from the descent, the marriage of the parents, the Wahlkind(eltern)Schaft, the existence or non-existence of a marriage and the existence or non-existence of a registered partnership.

2. section

Birth

Display and registration of birth of § 2 (1) for the display of birth according to § 9 para 1 second sentence PStG 2013 are to use the forms annex 1 and 1a of this regulation. The annex 1a is to submit statistics for Austria by the civil authority of the Federal Agency. According to article 9, paragraph 1, first sentence PStG 2013 has the display of birth content to comply with the requirements of annex 1 and 1a.

(2) the person entrusted with the care and education has to submit at least one week after giving birth: 1. the statement on the previous naming;

2. If necessary, were the marriage or partnership certificate of the parents, if the parents are not married the mother's birth certificate and the last marriage of the mother in the context of article 144, paragraph 1 No. 1 of the General Civil Code - ABGB, DL No. 946/1811; If necessary, the proof of the dissolution or annulment of the marriage or registered partnership.

3. proof of nationality of their parents;

4. proof of residence of the parents resident abroad;

5. confirmation of birth if the birth is not been displayed by the head of a hospital, the midwife or the physician who has provided assistance at birth.

(3) a duty to the submission of documents referred to in paragraph 2 shall not, if the to public facts and legal relationships through insight in the Central person register (ZPR, § 44 PStG 2013), in which the investigating authority amount or in other registers related to the authorities, in particular in the central register (ZMR, section 16 of the Registration Act 1991 - MeldeG, Federal Law Gazette No. 9 / 1992) and in the central register of citizenship (ZSR , section 56a of the Citizenship Act of 1985 - StbG, BGBl. No. 311/1985), can be found.

(4) the can for the registration of birth (§ 11 PStG 2013) the authority has required data through the ABS insufficient detected 2 and 3 documents referred to, to request additional proofs.

(5) documents can not or be procured only with considerable difficulty, are amtswegig to collect necessary evidence. Anyone who has required documents or information, is obliged to assist the authority.

(6) if the religion was not already announced the birth at the display, the civil authority the possibility of voluntary notification of religion confession has to point out.

Instruction

The parents are § 3 (1) to refer to the legislation on the surname of their children. Child name legal explanations are to document and to enter.

(2) the registration has to represent the status at the time of the birth.

After capturing data changes

4. (1) change the status or the nationality of the child (§ 11 ABS. 2 PStG 2013), the procedure leading civil authority has the change to enter.

(2) no data are in the ZPR recorded, the procedure leading civil authority has the authority rests with the birth book to communicate in the ways of the ZPR. This civil status authority shall as soon as possible, after to collect but not later than within a period measured in terms of the completion of the registration of the change, the data necessary for the registration of change from the birth book in the ZPR. After recording is completed, the procedure leading civil status authority has to carry out the registration.

(3) changes the status of the persons of article 35, paragraph 2 PStG 2013 joined child, whose Geburt was notarized, not from a domestic civil status authority procedure leading civil status authority due to civil status documents fair for and possibly according to surveys in the CRR and the ZSR has a registration according to § 36 para 3 PStG 2013 to make.

3. section

Marriage and registered partnership

Procedure and subsequent capture in marriage and a registered partnership

5. (1) the civil status authority an application for marriage, to be able to establish a registered partnership, on issuing a marriage ability certificate, to the grounds of a registered partnership or on issuing a certificate about the ability was introduced in which, has the transcript in accordance with sections 14 or 21 PStG 2013 due to elevations in the ZPR, ZMR and ZSR and the their present documents to build. Unless the birth book of the fiancé or partnership recruiter in the ZPR recorded, she has those authorities, where lie the birth books of the fiancé or the partnership referrer to communicate in the ways of the ZPR about the introduction of the request. These have as soon as possible, but not later than within a period of time reasonable in terms of the completion of the procedure, data necessary for the settlement of the civil case to the fiancé or the partnership affiliates from the birth book after to capture.

(2) in the case of existence of prior marriages or former registered partnerships, the civil status authority in which the birth book rests, has to notify the authority in whose books the last marriage or registered partnership is registered; It has as soon as possible, but no later than within a period that is reasonable in regard to the completion of the procedure, the data necessary for the settlement of the civil case the last marriage or registered partnership to to capture.

(3) the birth was one of the persons of article 35, paragraph 2 PStG notarized 2013 joined fiance not from a domestic civil status authority, procedures leading civil status authority due to civil status documents fair for and possibly according to surveys in the CRR and the ZSR has according to § 36 para 3 2013 to enlist PStG. The birth was one of the persons of article 35, paragraph 2 PStG 2013 joined partnership affiliate not to a domestic civil status authorities claimed, has the district administrative authority to urge the parties concerned to enlist (§ 36 para 3 PStG 2013).

(4) a proceeding under paragraph 1 to 3 prior to marriage or of the registered partnership is to foresee when the person concerned makes 1 credible, that are especially worthy of taking into account circumstances;

2. for the determination of the capacity or the ability to establish a registered partnership are required data of the procedures leading authority available.

Certificate template

Section 6 (1) fiancée or partnership recruiter with Austrian personal status have to assess their capacity or their ability to be able to establish a registered partnership, to submit: 1.

              If her birth not at home is beurkundet or registered, a transcription certificate according to the book of birth;

2. a proof of nationality;

3. If the principal residence abroad, the proof of the main residence;

4. If they are limited legal capacity or not ehemündig, except the documents stated in Z 1-3: a) the Ehemündig statement, b became engaged between 16 and 18 years of age the Court decision on) minors engaged the consent of the legal representative and the person entitled to the care and upbringing or the court order, which replaces the consent, c) fiancée or partnership recruiter , which in Austria a trustee or ordered by authorities of their ordinary stay effectively a representative was its consent or the court order replaces the consent;

5. If she were already married or living in a registered partnership also the marriage certificate of the last marriage or the last registered partnership partnership certificate and proof their dissolution or annulment; in the case of a foreign decision on its dissolution or annulment of the Court decision about the recognition, if not the Brussels IIa regulation is applicable or the foreign marriage decision with legal force confirming preliminary; recognised

6 on request further documents or evidence, if this is necessary for assessing the capacity or the ability to be able to establish a registered partnership, or for entries in the ZPR relating to marriage or establishing a registered partnership.

(2) fiancé or partnership touts, whose personal status is not the Austrian right, have to submit to up to 3 and 5 listed documents Z 1 except in para 1: 1 a confirmation of the ability of their marriage or their ability to establish a registered partnership;

2. further documents that are required for the marriage or the establishment of a registered partnership under the law that is decisive for them due to their personnel statutes.

(3) a duty to produce documents under par. 1 and 2 does not exist if the to public facts and legal relations can be determined by inspection in the ZPR, the amount found by the investigating authority, or other registers related to the authorities.

After capturing data changes

Section 7 (1) of the civil status of the spouses changes (article 20 para. 3 PStG 2013) or registered partner (§ 27 ABS. 2 PStG 2013), the procedure leading civil authority has the change to enter.

(2) no data are in the ZPR recorded, the procedure leading civil status authority has the authority, where the book of marriage or partnership book is to communicate in the ways of the ZPR. This civil status authority shall as soon as possible, according to capture no later than within a period measured in terms of the completion of the registration of the change, the data necessary for the change registration from the marriage book or book of partnership in the ZPR. After recording is completed, the procedure leading civil status authority has to carry out the registration.

(3) changes of civil status of the Group of persons § 35 par. 2 PStG 2013 belonging to his/her spouse or registered partner and the procedure leading civil status authority due to only existing civil status documents and after surveys in the CRR and the ZSR was notarized, the marriage or registered partnership not with a domestic civil status authority according to § 36 para 3 2013 to enlist PStG is.

Instruction section 8 (1) are the betrothed to indicate the legislation governing their surname. Marriage name legal explanations are to document and to enter.

(2) of the oral proceedings, a transcript is to record that for the determination of the capacity or the ability to be able to establish a registered partnership shall contain the information required.

(3) the civil status authority has pointed out that the enlistment of religion confession due to voluntary disclosure.

Witnesses

§ Must be at least 18 years old by 9 witnesses who understand the language in which the ceremony or the registered partnership takes place, and be manifestly able to bear a witness in relation to the wedding or the registered partnership.

4 section

Death

Display and registration of death

10. (1) if the technical requirements for the display of the death in the remote traffic not available (§ 28 para 1 second sentence PStG 2013), the forms are according to Appendix 2 and 2a, for viewing the birth of a stillborn child to use the forms Appendix 3 and 3a. The civil authority of the place of death on basis of the display has the corresponding data immediately but not later than on the following working day, in the ZPR to record. Annexes 2a and 3a shall be PStG, second sentence, which according to § 28 para 1 Statistics Austria 2013 competent civil authority of the Federal.

(2) for the registration of death shall be provided: 1. birth certificate;

2. the marriage certificate of the last marriage or the partnership deed of last registered partnership, unless you have a marriage, before marriage, registered partnership or previous registered partnership; If necessary, proof of the dissolution of marriage or registered partnership;

3. proof of nationality;

4. the evidence of the last main residence at place of residence abroad;

5. the death confirmation if the death is not been displayed by the head of a hospital.

(3) for the registration of stillbirth shall be provided: 1. the marriage certificate or the partnership certificate of the parents, as well as the last marriage of the mother in the context of article 144, paragraph 1 Z 1 second case of the General Civil Code - ABGB, DL No. 946/1811, unless you have a marriage or a previous marriage; If necessary, proof of the dissolution or annulment of the marriage or registered partnership.

2. proof of residence (the mother) parents resident abroad;

3. the confirmation of the birth and the death confirmation if the stillbirth is not been displayed by the head of a hospital.

(4) a duty to produce documents under par. 2 and 3 does not exist if the to public facts and legal relations can be determined by inspection in the ZPR, the amount found by the investigating authority, or other registers related to the authorities.

(5) § 2 para 4 and 5 shall apply accordingly.

5. section

General rules for entries

Translations and transliterations

§ 11 (1) shall be entered on the basis of a foreign-language document, so the party has to submit a translation made by a sworn court interpreter or translator. Doubts about the accuracy of the translation occur the template can one by one in the court interpreter list (§ 2 para 1 of the experts and interpreters Act - SDG, BGBl. No. 137/1975) registered person customized certificate applied. The obligation is not a party, the civil authority has to make the translation itself. That in the national minorities Act - VoGrG, Federal Law Gazette contained special provisions relating to the translation of documents written in the language of the ethnic group remain unaffected no 396/1976, and the implementing rules implementing.

(2) the foreign language certificate in Latin or in the previously commonly used German typeface is drawn up, so can be omitted on a translation, if applicable for the registration data without translation is understandable, or if the Registrar duly dominated the foreign language.

(3) is entered on the basis of a document, includes the people or place names in Latin or in the previously commonly used German typeface, so, the names must be replayed buchstaben - and true to character. No Latin, is a former German characters, a transliteration is so to make.

(4) in the case of a translation referred to in paragraph 1 is to make a transliteration in conflict or in case of doubt for registration according to the following standards: 1. ISO/R 9 (zyrillisch Latin);

2. ISO/R 233 (Arabic Latin);

3. ISO/R 259 (Hebrew Latin);

4. ISO/R 843 (Greek Latin).

(5) if the registration UTF 8 compliant characters to use.

Academic degrees and State designations

12. (1) degrees conferred or equivalent on the basis of a bilateral agreement be registered by a recognized national post-secondary educational institution, a recognised post-secondary institution in a Member State of the European Union or a party to the agreement on the European economic area, this has to be done in abbreviated form. No abbreviated form is included in the certificate registration in appropriate abbreviation has to be carried out. State names may only be registered if this is a separate legal basis.


(2) for the registration of an academic degree or a professional title, the template of a domestic civil status certificate is been entered the academic degree or the professional title is sufficient. In case of doubt, the template of the certificate may be required.

(3) If a foreign academic degree in Austria was nostrifiziert, only the Austrian academic degree referred to in the corresponding notification is to enter.

That have become common spelling

Section 13 (1) a request pursuant to § 38 4 and 5 PStG 2013 must para be connected: 1 evidence of belonging to the Group of persons § 35 par. 2 PStG 2013;

2. evidence that a spelling deviating from the legal family or surname or given name has become commonplace;

3. where appropriate, the consent of the other spouse.

(2) a duty to the submission of documents referred to in paragraph 1 does not exist if the to public facts and legal relations can be determined by inspection in the ZPR, the amount found by the investigating authority, or other registers related to the authorities.

(3) as evidence according to para 1 2 Z come all public documents of domestic authorities consider; These are, for example, proof of citizenship, passports, home certificates, school certificates.

(4) the bearers of the name is to set the requested spelling in future for any other entries will be decisive, affecting him, possibly his spouse and minors at the time of his application for registration, inform after processing his application.

Correction

§ 14. Is according to § 42 para 3 PStG 2013 not granted a request for correction, is to talk about it with notice.

6 article

Data security

Definitions

Section 15 (1) if queries or requests are made on the ZPR way Portal Federation, the § 15 para 2 apply, 16 to 27.

(2) for the purposes of this regulation are in terms of the ZPR: 1 operators: the Federal Minister of the Interior, 2. legitimate query: persons who pursuant to § 44 para 2, 47 and 48 PStG 2013 a query option of the ZPR in long-distance traffic was admitted 3. authorized users: people, which has been granted physical access to the data processed in the ZPR.

Person in charge

Section 16 (1) query-entitled to civil authorities and have to call the operator at least a responsible for the data security measures in the context of data processing for the ZPR.

(2) as a responsible service provider also claim can be picked and named.

Service provider

§ 17 use civil status authorities or legitimate query for data traffic with the ZPR of a service provider, they have to comply with all data protection provisions and to the seizure of the safety measures provided for in this regulation to oblige them.

Data security measures

Section 18 (1) who has named responsible in accordance with § 16 to organize the protection of access to personal data and the required safety measures in accordance with the respective level of technology and the organizational capacity and implement. He has to set in particular the responsibilities and rules for the management of the programme for the ZPR or the query of the ZPR in his area, as well as to create the conditions for the physical access to the data of the ZPR in its field of competence.

(2) on the data security measures taken are records to which are to be kept at least three and at most six years after expiry of the validity of data security measures.

Access permission

As far as a named pursuant to § 16 responsible for not is, authorized by the operator to grant access permissions, they are awarded 19 (1) by the operator; the authorization can be bound to the fulfillment of terms and conditions.

(2) if the person responsible for the granting of access referred to in paragraph 1 is authorized, he has for his area of responsibility to assign the access permissions for the ZPR on the individual access authorizations individually and to grant access to directories of granted access in the way of the long-distance traffic the operator upon request.

Instruction obligation

Query-entitled to § 20 civil status authorities and have to make sure that only accessed the ZPR, if the granted access through the provisions in accordance with section 15 of the Privacy Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999, and the contents of this regulation were proven wrong.

Granting the query permission

§ 21. A request to grant a permission of the query is in the way of the responsible operator. This request must contain the note that the requesting authority agrees to the necessary technical and organizational requirements of the operator for the granting of a permission of the query.

Withdrawal of access permission or the query

Authorized users are § 22 (1) of each designated responsible by the further use in the long term or for a certain time from exercising their access permission to exclude, if they they no longer need 1 to further fulfilment of the tasks assigned to them, or 2 they use the data according to the provisions governing the operation of the ZPR.

(2) among the in par. 1 Z may also 2 conditions the operator exclude a granted access by the further use or this order.

(3) the opening of the query permission in the ZPR is to prevent, if 1 was the conditions under which the query permission was granted no longer exist, 2013 PStG violate 2 against data security measures pursuant to § 47 para 4 or 3 expressly renounces it by the Federal Minister of the Interior.

Access to rooms

Section 23 (1) civil status authorities query entitled and have the organisational and technical measures to ensure that access to areas where there is an access to the ZPR, is possible only on their behalf make.

(2) is it necessary that will take place in rooms with an access to the ZPR party traffic, is in any case to ensure that an inspection is not possible in the data of the ZPR by outsiders.

(3) access is the members of the data protection authority, the privacy Council and the operator after the card to give, unless they are working in the interests of the service order. On request are to issue the information necessary for the performance of their task.

Technical arrangements

Section 24 (1) for the connection to the ZPR only devices may be used, for communicating via a Protocol approved by the operator. Civil status authorities have to use also a protocol provided by the operator. Instead of workplace systems also a gateway system can be authenticated using a Protocol approved by the operator, which is located in the disposal of the user, or a service provider authorised by him; non work certificate such authentication is allowed only when in the area of the gateway operator between this and the accessing of him captured by the operators as safe have recognized connections, as this is the case in a closed network.

(2) it is to ensure that access to the ZPR is possible only after proper identification of the person entitled to access. Passwords are to keep in any case, secret and must be changed in accordance with the technical possibilities at periodic intervals.

(3) a device that allows access to the ZPR, is removed from the existing workspace, is to ensure that an unauthorized use is excluded; in particular, the certificate installed on each device if necessary must be removed.

(4) in addition, it is to ensure that appropriate, corresponding to the respective State of the art precautions are taken according to the specifications of the operator, to prevent access by unauthorized people or systems a destruction or alteration of data, as well as a query from the ZPR.

Messages to the operator

Query-entitled to § 25 civil status authorities and have to inform the user immediately: 1. changes in the area of personnel granted access to the ZPR (including the amendments referred to in section 22), if not the grant permissions according to § 19; transfer them

2. the use, changing or leaving a service provider;

3. the occurrence of program errors, which can endanger the existence of the data.

Control by the operator

section 26. The operator can check in cooperation with the civil authority by sampling, whether the use of the data of the ZPR is carried out according to the relevant regulations and the required safety measures have been taken.

Documentation

§ 27. As far as not the traceability of the operations of of use of resulting from the data processing itself, or a reference to be known only for data traffic with the ZPR, are records to do, making the admissibility of using operations carried out in the area of the ZPR to the necessary extent verifiable.

7 section


Documents, information, data transmission

Design of documents

Section 28 (1) civil status documents are according to the pattern of the systems 4, 5 and 5a (birth certificate), 6, 6a, 6B, 6 c (marriage certificate), 7, 7a, 7B, 7 c (partnership certificate), issued 8 and 8a (death certificate) and 9 and 9a (to stillbirths). In accordance with the technical possibilities, a schematic illustration of the Federal Eagle is printed on.

(2) civil status documents according to § 53 para 5 PStG 2013 are on white paper with a minimum weight of 100 g / m2, font Arial, official seals, name and signature.

(3) the obligation arising from intergovernmental agreements for use therein provided forms is not affected by paragraph 1.

(4) confirmation about the existence or non-existence of a marriage, as well as the existence or non-existence of a registered partnership referred to in section 58 PStG 2013 have to conform to the model of annex 10.

Certification and accreditation to confirm § 29 (1) the certification a certificate according to § 53 para 6 is PStG 2013 by the district administrative authority or the authentication issued by the Governor to the authenticity of the signature and the official seal of the authority that has issued the certificate or authenticated, as well as the property of the signatory.

(2) the registration of a pending invalid acknowledgement of paternity (§ 147 ABS. 1 ABGB) is done by those civil authority that has received the last of the required endorsements.

Data collection and labelling the post acquisition

Already in Personenstandsbüchern of certified records in the ZPR only trained persons section 30 (1) for the electronic identification to be entered.

(2) the subsequent acquisition of Personenstandsbuches is completed, this there is to be noted in an appropriate manner.

Information § 31 (1) persons whose status is affected by registration (article 52, paragraph 1 Z 1 PStG 2013) and therefore information about the registration can desire, in any case, the spouse, registered partner, the ancestors and descendants of the person to which the registration relates.

(2) is that a legitimate interest, as such a danger to life, health or freedom of information to a PStG 2013 associated person is contrary to the persons of article 52, paragraph 1, has to keep the civil status authority evident this made credible. Information on this person is limited with regard to which there is no legitimate interest to those data.

(3) an is information to give, but if the the person district of § 52 para 1 PStG 2013 associated person proves that a legitimate interest does not or no longer exists. In this case the civil status authority prior to issuance of the information has the person that a legitimate interest has made credible, to communicate and to give their opportunity to submit its observations.

After recording for exhibition of documents and at the request of the affected section 32 (1) is a certificate issued (section 53 PStG 2013) or a partial extract (article 58, paragraph 1 Z 1 PStG 2013) desires and there is still no record in the ZPR, the relevant civil authority has to agree that civil authority in the way of the ZPR is where the Personenstandsbuch necessary for the issuance of the certificate. It has as soon as possible, by 14 days from notification, at the latest however within the data from the book after to capture.

(2) if the exhibition of a total statement (article 58, paragraph 1 Z 2 PStG 2013) desires and there is still no record in the ZPR, has to agree that civil authority is the birth book which the concerned civil authority in the way of the ZPR. It has as soon as possible, within 14 days from notification, all data to the sufferers from the birth book after to capture. Existence of prior marriages or former registered partnerships the civil status authority in which the birth book rests, has to inform that authority in the way of the ZPR, in whose books the last marriage or registered partnership is registered; This has as soon as possible, at the latest within 14 days from notification, all the data of the last marriage or registered partnership to to capture.

(3) If a person requires a subsequent acquisition (§ 61 para 2 third sentence PStG 2013), to proceed in accordance with paragraph 2. After capturing has called for a subsequent recording on the occasion of a marriage or a registered partnership, to be carried out immediately.

(4) on the last marriage or the last registered partnership, to data is only on request.

8 section

Query the death date query

33. (1) where a person deceased after November 1, 2013 may be further disambiguated by name or an additional feature, such as the birth date, is to provide information about the date and place of death: 1 any person by the civil authority to demand proof of identity;

2. each person in accordance with the technical possibilities in the remote traffic using the citizen card (§ 4 ff of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004);

3. in accordance with the technical possibilities the authorized pursuant to section 16a para 5 MeldeG to the query in the CRR.

4. the other in accordance with the technical possibilities on request query legitimate.

(2) persons referred to in paragraph 1 Z 4 have to address a request by way of the responsible operator. This application has to contain the note that the requesting authority agrees to the necessary technical and organizational requirements of the operator for the granting of a permission of the query. In addition, it is to prove that the applicant for the processing of personal data is entitled.

(3) you're looking for man in the ZPR not as dead seems a query according to para 1, so has the information to be: "death there are no data on the the Gesuchte(n)." The information of those who carried out the query, apply to more than one record in the ZPR, the information of the civil authority has to be: "on the basis of information about the identity is not clearly determinable; you're looking for It can be given no information."

(4) in the case of a query through the ABS 1 Z 1 to 4 above query legitimate is the birth date as the query criteria to use to complete the subsequent acquisition in addition to the name. Queries in par. 1 Z 2 and 3 referred to query owner can carried out an enquiry without entering a birth date, if the requested first can be clearly determined by a query in the CRR.

(5) records where the post acquisition is not completed, remain in this search not taken into consideration. Up to the end of the subsequent recording the information must contain following note: "This information contains no not yet post collected data sets."

Cost

§ 34. (1) for information of mortality data from the ZPR are Z 1 to 4 in accordance with article 33, paragraph 1 euro 1.10 per query to be paid.

(2) query beneficiaries in accordance with § 33 par. 1 Z 4 have annually to pay a flat-rate reimbursement of costs in the amount of EUR 1 000 the operator to open the query permission. The lump-sum reimbursement of costs is eliminated in the case of use of a service provider, if it is able to provide this service for at least 100 clients at the same time. This is payable within the first three months of each accounting year; the first accounting year begins with opening the query permission.

              9 section final and transitional provisions

Linguistic equal treatment

section 35. As far as this regulation to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

References

section 36. As far as federal laws are referenced in this regulation, the rules in the version at the time of the entry into force of the regulation is decisive.

To § 61 para 4 PStG 2013

section 37. The amount shall be in accordance with § 61 para 4 further PStG 2013 until 1 November 2014.

Entry into force

section 38. This Regulation shall enter into force November 1, 2013. Ordinance of the Federal Minister for the continuation of the amount after section 37 applies to Home Affairs of 14 November 1983 on the implementation of the civil status Act (civil status Ordinance - PStV), Federal Law Gazette No. 629/1983, including the annexes. This applies in particular also in the related understandings and submissions, such as at the Federal Statistics Austria.

Mikl-Leitner