Verwaltungsgerichtsbarkeits Adjustment Law - Justice - Vaju

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Justiz – VAJu

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190. Federal Law, with which the Training and Appeal Examination Act, the Disciplinary Statute for Lawyers and Lawyers, the EIRAG, the Fees Act, the Judicial Deposit Act, the Court Fees Act, the Notarial regulations, the Notarial Examination Act, the Law of Lawyers, the Law on Lawyers, the Law on Experts and Interpreters, the Takeover Act, the Law on the Rights of the Rights of the Law of the Federal Republic of Germany 2006, the Federal Act on the Fees for the depositaries of the judicial depository departments; The Penal Act and the Liegenschaftsteilungsgesetz (Penal Code Act) are amended (Administrative Jurisdiction Adjustment Act-Justice-VAJu)

The National Council has decided:

table of contents

Article 1

Amendment of the Training and Appeals Audit Act

Article 2

Amendment of the Disciplinary Statute for Lawyers and Lawyers

Article 3

Amendment of EIRAG

Article 4

Amendment of the Fees Act

Article 5

Amendment of the Judicial Introduction Act

Article 6

Amendment of the Court Fees Act

Article 7

Amendment of the Code of Notarial Code

Article 8

Amendment of the Notarial Audit Act

Article 9

Amendment of the Rules of Lawyers

Article 10

Amendment of the Law on Lawyers

Article 11

Amendment of the Law on Experts and Interpreters

Article 12

Amendment of the Takeover Act

Article 13

Amendment of the Verwertungssocieties Act 2006

Article 14

Amendment of the Federal Law on charges for the depositaries of the
Judicial Custody Departments

Article 15

Amendment of the Criminal Law

Article 16

Amendment of the Liegenschaftsteilungsgesetz

Article 17

Entry into force, transitional provisions, enforcement and personal
Expressions

Article 1

Amendment of the Training and Appeals Audit Act

The Training and Appeal Examination Act, BGBl. No 523/1987, as last amended by the Federal Law BGBl. I n ° 141/2009, shall be amended as follows:

1. § 4 reads:

" § 4. The applicant's right of appeal to the Federal Administrative Court shall be pending against the decision of the President of the Training Review Commission. "

2. In Section 8 (1), the phrase "and the Supreme Appeal and Disciplinary Commission" repealed.

3. In § 8 para. 2, first sentence and para. 3, first sentence, the quote is in each case the quote " , § 4 (1) " repealed.

Article 2

Amendment of the Disciplinary Statute for Lawyers and Lawyers

The Disciplinary Statute for Lawyers and Lawyers (DSt), BGBl. No 474/1990, as last amended by the Federal Law BGBl. I n ° 141/2009, shall be amended as follows:

1. In Section 7 (5), the word order shall be "To inform the President of the Supreme Court of Appeal and Disciplinary Commission within one month and" repealed.

2. In § 20 (1), second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

3. In § 25 (1), second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

4. In § 25 (3), first sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

5. In § 26 para. 5, second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

6. In § 29 para. 2, second sentence, the word "Presentation" through the phrase "Complaint to the Supreme Court" replaced.

7. In § 29, paragraph 2, last sentence, the word "Presentation" by the word "Complaint" replaced.

8. In § 29 (3) the word "Presentation" by the word "Complaint" replaced.

9. In § 35, second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

10. In § 46, second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

11. In § 48 (2), second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

12. § 49 Second sentence reads:

" The introduction of new facts and the use of new evidence shall be permitted, unless they were already known to the appellant at the latest at the time of the conclusion of the evidence in the proceedings before the Disciplinary Board, or must be known, and it is not to be seen as a mere fact that he has not made use of them as a mere reason. "

13. In § 50 (1), first sentence, the word order "at the Supreme Appeal and Disciplinary Commission" through the phrase "at the Supreme Court" replaced and the parenthesis "(Section 63 (3))" repealed.

14. In § 52 of the first sentence, the word order shall be "The Supreme Professional and Disciplinary Commission" through the phrase "The Supreme Court" replaced.

15. § 52 second sentence is repealed.

16. In § 52 of the last sentence, the word order shall be "The Supreme Professional and Disciplinary Commission" through the phrase "The Supreme Court" replaced.

17. § 53 is repealed.

18. § 54 (2) reads:

" (2) If the survey of the facts or the procedure is deficient, so that it must be repeated or supplemented in whole or in part, and the Supreme Court does not carry out the taking of evidence and the procedural supplements themselves, nor do they make (§ 52), he shall abolish the knowledge of the Disciplinary Board in whole or in part, and refer the matter back to the Disciplinary Board for the renewed negotiation and decision in the scope of the waiver. "

19. In § 54 (3), first sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

20. In § 54 (3), second sentence, the word "You" by the word "He" replaced.

21. In § 54, para. 4, the phrase "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

22. In § 56, the phrase "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

23. The title of the seventh section is:

" Seventh section

Acting of the Supreme Court in professional and disciplinary matters of attorneys and attorneys of law "

§ 59 reads:

" § 59. (1) The tasks assigned to the Supreme Court pursuant to this Federal Act shall be dealt with by the latter in senates consisting of two judges and two judges (lawyers) elected from the law of law; the division of business (§ 13 of the Federal Act of 19 June 1968 on the Supreme Court of Justice-OGH Act) may also provide that only one Senate is formed in this respect. The Judges (Section 13 (1) of the OGH Act) and Bar Judges may, if necessary, also belong to several senates.

(2) The legal judges shall be independent in the performance of their duties. In doing so, they shall be fully entitled to the powers conferred by the Office of the Judith.

(3) The Bar Judges shall be elected by the Chambers of Bar by all chamber members for six calendar years. Re-appointment or re-election shall be admissible. The Chambers of Lawyers have the result of the election to the Austrian Bar Association and the President of the Supreme Court and to the Internet on the website of the Bar Association without delay and in general accessible to the Bar. .

(4) Only lawyers who have been registered for at least ten years in the list of lawyers of a lawyer's chamber are eligible to be eligible. A legal judge may not be a member of the committee or disciplinary board, chamber attorney or deputy of the chamber attorney of a lawyer's chamber.

(5) In addition, the provisions applicable to the Disciplinary Board (§ § 7, 11 and 13) shall apply to the eligibility of the legal judges, to the electoral process and to the rejection, reconsideration and the erasability of the Office. If a law judge fails during the term of office, a new legal judge shall be elected for the remainder of the term of office in the next plenary assembly. "

25. In § 60, first sentence, after the quote "§ 12" the word "sensual" inserted.

26. § 60 second sentence is repealed.

27. In § 61, first sentence, the phrase "the Supreme Court of Appeal and Disciplinary Commission" repealed.

28. § 62 shall be repealed.

29. § 63 reads:

" § 63. (1) The transactions to be carried out by the Supreme Court under this Federal Act shall be distributed in the division of business (Section 13 of the OGH Act) for the duration of the next year under the Senate to be formed (Section 59 (1)).

(2) A judge shall be chaired by the senate. A lawyer of the Senate should, as far as possible, belong to the circle of those lawyers who were elected by the attorney's chamber of the accused. "

30. § 64 reads:

" § 64. In addition to § 43 StPO, the judge and attorney judge shall also apply the exclusion grounds of Section 26 (1) (1) (1). It shall also be excluded who participated in the previous proceedings as a chamber attorney or representative of an otherwise involved person. "

31. § 65 reads:

" § 65. (1) The costs incurred by the Supreme Court and the General Procurature as part of their activities in matters of professional and disciplinary law of lawyers and lawyers ' candidates under this Federal Act are the costs of the Austrian Bar Association.

(2) These costs, which include the actual expenses for personnel and infrastructure, and which the Federal Minister of Justice has to announce annually to the Austrian Bar Association for the past calendar year, are the federal government by payment to the Federal Minister of Justice to replace. The payment shall be made by 30 September of the year following the calendar year in which the costs were incurred. "

32. In § 67 (1) the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

33. In § 67 para. 2, second sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

34. § 72 is repealed.

35. In § 78 (1), third sentence, the word order shall be "and the Supreme Appeal and Disciplinary Commission" repealed.

36. In accordance with § 79, first sentence, the following sentence shall be inserted:

"The provisions relating to the decision-making documentation of justice (§ 15 of the OGH Act) remain unaffected."

Article 3

Amendment of EIRAG

The Federal Act on the free movement of services and the establishment of European lawyers as well as the provision of legal services by internationally active lawyers in Austria, BGBl. I n ° 27/2000, as last amended by the Federal Law BGBl. I n ° 68/2008, is hereby amended as follows:

1. In Section 7 (1), the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" is replaced.

2. In § 13 Z 1, the turn-of-the-turn " , the Supreme Court of Appeal and Disciplinary Commission as well as the " through the phrase "as well as to the Bar Judge or" replaced.

3. In Section 17 (1), the phrase "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" is replaced.

Article 4

Amendment of the Fees Act

The Fees Act, BGBl. No. 136/1975, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 20 para. 1 first and second sentence are replaced by the following sentences:

" The fee shall be determined in the judicial administration path by the head of the court, before which the taking of evidence took place or should take place. It also has to decide on the granting of an advance. In so far as it is not a case of a witness charged from abroad, the head of the court may entrust an appropriate servant of the court with the conduct of the proceedings and authorise him to decide on his behalf. In this case, too, the power to issue a decision of appeal (§ 14 VwGVG) shall be granted to the head of the court. "

2. In accordance with § 20 (3), the following paragraph 4 is added:

"(4) As far as nothing else is arranged in this federal law, the AVG and the § § 89a to 89i GOG shall apply to the proceedings."

The first sentence of Article 22 (1) reads as follows:

"Against the decision on the fee, the witness and under the conditions of section 21 (2), the persons mentioned there may lodge a complaint to the Federal Administrative Court."

4. In § 22 (1), the third and fourth sentences are repealed.

(5) In § 22 (2), first sentence, the point shall be replaced by a stroke, and the following half-sentence shall be inserted:

" 1 shall apply mutatily. "

6. In § 22 (2), the second and third sentences are repealed.

Section 22 (3) reads as follows:

" (3) In the event of a decision on the appeal, the auditor shall also have the right to have a revision to the Administrative Court (Art. 133 (8) B-VG). "

§ 23a of the first sentence is:

" The provisions of the II. Section shall be applied to witnesses who are heard by the Public Prosecutor's Office (Section 103 (2) of the StPO), subject to the condition that the head of the Tribunal shall be replaced by the head of the Public Prosecutor's Office or, if in the individual case, the The head of the prosecutor's office is to be heard or should be heard by the Chief Public Prosecutor. "

Article 5

Amendment of the Judicial Introduction Act

The Judicial Introduction Act (GEG), BGBl. No 288/1962, as last amended by the Federal Law BGBl. I n ° 1/2013, shall be amended as follows:

1. § 1 Z 2 reads:

" 2.

Fines of all kinds imposed by the courts (except in the disciplinary matters of lawyers and lawyers), or the application of such penalties in accordance with special rules to the courts, courts and courts, Judicial authorities imposed orders of order and mutuals as well as of the courts for expired amounts of money; "

2. § 6 shall be accompanied by the title:

" Jurisdiction

§ 6. (1) Competent authority for the pre-writing of the amounts to be entered in accordance with § 1 from proceedings pending at the time of the advance of the amounts in the first instance or most recently in the first instance (basic procedure), as well as for the Decision on other applications related to their submission, including repayment claims (§ 30 GGG) and objections under § 35 EO, is

1.

the President of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice or the District Court

2.

the President of the Court of First Instance, in Vienna and Graz, however, only the President of the Regional Court for Criminal Matters, also for the amounts from the basic procedures of the prosecutors or judicial institutions in the sprengel of his court;

3.

the President of the Oberlandesgericht (Oberlandesgericht) for basic procedures and appeals against decisions of administrative authorities at his Higher Regional Court or the Chief Prosecutor's Office of his Sprengel;

4.

The President of the Higher Regional Court of Vienna for the amounts from the basic procedures and the appeal proceedings against decisions of administrative authorities in the Supreme Court and the Central Prosecutor's Office for the Prosecution of Economic Criminal Matters and corruption;

5.

The Federal Minister of Justice for the amounts from basic procedures at the Federal Ministry of Justice;

6.

in the case of services whose office is concerned by a court of law, the President responsible for the amounts arising from the basic procedure of that court, in so far as no special provisions exist.

(2) The competent authority referred to in paragraph 1 may authorize the heads of the business departments or other appropriate staff of one of its own or the basic services to take decisions (term of office) even without prior notice of Investigation proceedings on behalf of the Authority (cost officials). In this respect, they are also directly subject to the authority and supervision of the authority of the Authority. A notice issued by the cost officer shall be admissible only by the appeal of the performance (section 7 (1)); information about it and the fact that the decision has been issued by the cost officer on behalf of the authority must be informed of the decision to be taken by the cost officer. '.

(3) § 6a shall be the heading:

" Pre-depreciation of the amounts to be entered

§ 6a. (1) If the amounts to be entered in accordance with § 1 are not paid immediately (§ 4 GGG) or if the confiscation has not been unsuccessful, they shall be determined by communication (payment order). The payment order shall include a list of the amounts due and the invitation to pay the amount within 14 days of any other execution. At the same time, a fee of EUR 8 is to be paid to the debtor. The payment order is an outline in the sense of the executive order.

(2) Prior to the release of a payment order, the payer may be requested to pay due fees or costs within 14 days (direct debit). A direct debit shall be issued in particular if the payment of the amount can be expected. In the cases of § 31 paragraph 1 GGG, a debit note may only be issued if it can be assumed on the basis of the particular circumstances that the subliminal fee payment shall only be based on a lack of legal knowledge of the payer is due to. "

4. In accordance with § 6a, the following § 6b including the heading is inserted:

" Procedure

§ 6b. (1) Unless otherwise provided in this Federal Act, the provisions of the GOG, with the exception of § 91, and subsidiary of the AVG, shall be applied to the procedure for the submission of the application. No substitute custodial penalty may be imposed on the incrimination of an order and a conjectionist penalty.

(2) The case shall be issued in writing. The Authority shall be bound by a communication as soon as it has been issued for the preparation. Deliveries are to be made in accordance with § § 87 to 115 and § 121 ZPO.

(3) The provisions of the basic procedure shall apply to participants and their representatives. Subject to the notification of payment orders serving for the transfer of amounts pursuant to § 1 Z 2, the power of representation in the basic procedure shall also apply to the application procedure, as long as the representative of the authority does not delete the Representative power.

(4) In the procedure for the introduction of the judicial administrative procedure, neither the existence nor the legality of a payment obligation which has already been established in a legally binding manner in the basic procedure and the amount of the payment obligation which has already been established in a legally binding manner can be checked. "

5. § 7 shall read together with the title:

" Presentation and corrigendum

§ 7. (1) Any person who is deemed to be complain of the contents of a mandate issued by a cost officer (§ 6 para. 2) on behalf of the authority may, within two weeks, make an impression with the authority (Section 6 (1)). In the appeal of the mandate of the mandate, it can also be arranged that the performance is to be introduced at the office leading the basic procedure; even in this case, however, the submission to the authority pursuant to § 6 para. 1 shall be deemed to be the case. in time.

(2) The performance shall have suspensive effect. The Authority, in its decision on the performance, is not bound by the party's requests, but may also change the decision of the cost officer to the detriment of the payer.

(3) errors in the writing and calculation errors or those which appear to be the same, apparently on a mistake or evidently solely on the technically deficient operation of an automation-assisted data processing system. may be rectified at any time by the Office. Likewise, the authority or the cost officer authorised pursuant to Section 6 (2) may cancel payment orders which have been erroneously issued or which have proven to be inaccurate due to payment received by now.

(4) The Federal Minister for Justice can cancel or amend incorrect decisions in proceedings for the application of the Office, after the expiry of the period of limitation (§ 8), as well as a file on the imposition of an order or mutwillic sentence. only for the benefit of the payer.

(5) In the event of a decision on the application of the outcome of a procedure relating to levies, the decision may be suspended until the final conclusion of that procedure is concluded; at the same time, the decision-making period shall be suspended until that date.

(6) In the same way, a decision on the provision may be suspended in general if, on the basis of a similar or similar question of law, a procedure is pending before a court whose outcome is essential to the The decision is, and the suspension does not confront overriding interests of the party.

(7) The procedure shall be free of charge. "

6. § 7a is repealed.

7. In § 8 (1) the word "Procedure" by the word "Basic procedure" replaced.

8. In Section 8 (2), the point shall be replaced by a line-point and the following half-sentence shall be added:

"in this case, the duration of an appeal procedure shall not be included in the period of limitation."

9. In § 9 (3), the third sentence is repealed.

10. In § 9 para. 4, the quote shall be " 1 and 2 " by quoting " 1 to 3 " , the last two sentences are repealed and the following sentences added:

" The Federal Minister for Justice will decide on applications for stuning and repayment of amounts from basic procedures at the Federal Ministry of Justice. § 6b, Section 7 (3) to (7) shall apply mutas to the procedure in the case of stundingand succession matters. "

11. In § 11a, the word order shall be "Cost officers of the courts" through the turn "Authority according to § 6" replaced.

12. § 14 is repealed.

13. § 15 is repealed.

14. The following paragraphs 11 to 13 are added to § 19a:

" (11) § 1 Z 2, § § 6 to 7, § 8 (1) and (2), § 9 (3) and (4) and § 11a in the version of the Federal Law BGBl. I n ° 190/2013 are 1. Jänner 2014 in force. § § 7a, 14 and 15 shall expire on 31 December 2013.

(12) Against decisions of the placement authorities pursuant to this Federal Act in the version before the Federal Law BGBl. I No 190/2013, which has been issued before the end of 31 December 2013 (date of approval) but will not be delivered until 31 December 2013, the party which will not be notified of the decision until 31 December 2013 has expired, as shall take legal action:

1.

If a legal remedy was admissible against such a decision, a complaint can be made to the Federal Administrative Court in accordance with Article 130 (1) Z 1 B-VG within four weeks. Such a complaint and a complaint pursuant to Section 3 (1) of the Administrative Jurisdiction Transitional Act, for which the appeal period is up to 29. Jänner 2014 is extended in accordance with § 6 paragraph 1 in the version of the Federal Law BGBl. I No 190/2013 competent authority, which may issue a preliminary ruling on appeal in accordance with the provisions of Article 14 of the VwGVG.

2.

Was a complaint against such a decision in accordance with Art. 130 (1) (1) (lit). a B-VG in the version valid up to the end of 31 December 2013 admissible in the administrative court, it may be levied within six weeks in the appropriate application of Art. 133 (1) (1) B-VG revision in the Administrative Court.

3.

If such a decision was admissible pursuant to Art. 144 (1) B-VG in the version valid up to the end of 31 December 2013 in the case of the Constitutional Court, a complaint can be lodged within six weeks in accordance with Art. 144 (1) B-VG Constitutional Court.

Any communication approved after 30 September 2013 shall contain a reference to those legal consequences.

(13) Is the decision of a lodging authority responsible for the discharge of this decision by the end of 31 December 2013, which shall be 1. Jänner 2014 is no longer competent to do so before the end of December 31, 2013 (date of approval), and if the party has not been notified of this decision until the end of June 30, 2014, the communication will appear in the appearance of this Party is out of law because of law. The responsibility for the continuation of the Federal Act BGBl in the version before the Federal Act of the Federal Republic of Germany. I n ° 190/2013 with the expiry of 31 December 2013 pending or again pending appeal proceedings shall be subject to the conditions laid down in Article 151 (51) Z 8 B-VG in the version of the Federal Law BGBl. I n ° 51/2012 to the Federal Administrative Court; in proceedings which have been conducted by the cost officer until the end of December 31, 2013, the Federal Administrative Court decides, after the end of 31 December 2013, that the BGBl Act as amended by Section 6 (1) of the Federal Law of the Federal Republic of Germany shall be decided upon. I n ° 190/2013; this authority shall also decide in all or again in the first instance pending proceedings and on the resumption of and reinstatation of the previous state in such procedures. "

Article 6

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by BGBl. I n ° 15/2013, shall be amended as follows:

1. In § 2 Z 1, according to the lit. j the following lit. k inserted:

" k)

for those in the tariff post 13a lit. a mentioned appeal proceedings two weeks after the appeal was received by the Higher Regional Court of Vienna; for those in the tariff post 13a lit. b to d referred to the appeal proceedings two weeks after the appeal has been received by the Court of Appeal; "

2. In § 4 (3), second sentence, the word order shall be "By stating" through the phrase "The indication" replaced.

3. In Section 7 (1) (1a) of the German language, the expression shall be:

"(Note 1a to TP 2 and TP 3, Note 3 to TP 13, TP 12a and TP 13a)"

4. In § 21, para. 4, the turn-of-the- "the amount referred to in Article 6 (1) of the GEG 1962" through the turn "8 Euro" replaced.

Section 30 (3) reads as follows:

" (3) The repayment has to be provided by the authority in accordance with § 6 para. 1 GEG of its own motion or at the request of the party which paid the fee; § 6 para. 2 GEG shall apply mutatis mutuelly. However, in so far as the repayment claim proves to be not justified, it shall be dismissed by the authority. "

6. In § 30 (3a), the second sentence is deleted.

In tariff post 1, note 2 shall be added to the following sentence:

"For procedures for the dismissal of injunctions in accordance with § § 382b, 382e and 382g EO, no fees are to be charged according to the tariff post 1."

8. In tariff post 2, note 1a is:

" 1a. The flat-rate fee in accordance with the tariff post 2 is also to be paid for second-instance proceedings concerning the release of injunctions; in this case, the flat-rate fee is reduced to half in accordance with the tariff post 2. No fees shall be charged in accordance with the provisions of § § 382b, 382e and 382g EO for procedures for the dismissal of injunctions in accordance with § § 382b, 382e and 382g EO. "

9. In tariff post 3, note 1a is:

" 1a. The flat-rate fee in accordance with the tariff post 3 is also to be paid for proceedings of third instance on the issue of injunctions; in this case, the flat-rate fee shall be reduced to half in accordance with the tariff post 3. No fees shall be charged in accordance with the provisions of § § 382b, 382e and 382g EO for procedures for the dismissal of injunctions in accordance with § § 382b, 382e and 382g EO. "

10. The following tariff post 13a, together with heading, shall be inserted after the post of collective agreement 13:

" Va. Appeal against decisions of administrative authorities

Rate post

Subject matter

Level of charges

13a

a.

Flat-rate fees for the following appeal proceedings against decisions of the Patent Office:

1.

Recurrent proceedings against decisions of the Technical Department and the Legal Department of the Patent Office

i.

in unilateral procedure

ii.

in multi-page procedures

355 Euro

505 Euro

2.

Revision recursion proceedings against decisions of the Vienna Higher Regional Court in the proceedings after Z 1

EUR 680

3.

Appeal proceedings against decisions of the nullity department of the Patent Office

EUR 680

4.

Review procedures and recursion procedures within the meaning of § 519 Z 2 ZPO against decisions of the Oberlandesgericht in the proceedings after Z 3

1,000 euros

5.

Recursprocedure against decisions of the nullity department of the Patent Office

380 euro

6.

Revision recursion proceedings against decisions of the Higher Regional Court in Vienna in the proceedings after Z 5

510 Euro

b.

Flat-rate fees for appeals against decisions of the Committee of the Chamber of Lawyers pursuant to § 5a, § 30 (4) and § 34 (3) RAO

500 euro

c.

Flat-rate fees for appeals against decisions of the Notarial Chamber pursuant to Section 117a (4) and § 118a (3) NO

350 Euro

d.

Flat-rate fees for recourses against the seizure of the Takeover Board pursuant to § 30a exercise G

EUR 16 000

Notes

1. In addition to the flat-rate fees in accordance with the tariff post 13a, no further court fees are to be paid in second and third instance proceedings.

2. The fee obligation shall not be affected by the outcome of the proceedings. It shall not stop even if the appeal is not decided on the appeal.

3. The lump sum fee for referral to the Supreme Court is to be paid regardless of whether the appeal is a proper or extraordinary legal remedy.

4. If the legal agent is exempt from payment of the fees due to procedural assistance or for other reasons (§ 10), the opponent shall be obliged to pay these fees in two-or more-sided proceedings, insofar as he/she costs the fee of the Legal proceedings are imposed or where it has taken over the costs by comparison. In doubt, half of the fee shall be raised. "

11. In Art. VI the following Z 54 is added:

" 54.

Note 2 on tariff post 1, note 1a on collective agreement 2 and note 1a on tariff post 3, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 190/2013 shall enter into force on 1 July 2013 and shall apply if the pleadings which trigger the fees have been received by the court after 30 June 2013 or if the beginning of the minutes after that date is due to be applied. § 2 Z 1 lit. k, § 7 sec. 1 Z 1a, § 21 para. 4, § 30 para. 3 and 3a, and the tariff post 13a in the version of the Federal Law BGBl. I n ° 190/2013 are 1. Jänner 2014 in force. Tariff post 13a shall not apply to appeal proceedings in which the legal remedy before the 1. He arrived at the Authority in January 2014. § 31a is based on the Federal Act BGBl. I n ° 190/2013 to apply newly created or amended fee levels with the proviso that the initial basis for the redetermination of the total number of charges published for March 2011 shall be the final index of the amount of the final index of the amount published by the Federal Statistical Office, Austria The consumer price index is 2000, and the initial redetermination will not be carried out until the threshold value of § 31a is exceeded for the second time. "

Article 7

Amendment of the Code of Notarial Code

The Notarial Order, RGBl. No 75/1871, as last amended by the Federal Law BGBl. I n ° 104/2011, is amended as follows:

1. In § 5 (1), first sentence, after the word "Managing Authorities" the phrase "and Administrative Courts" inserted.

2. In Section 21 (4), the phrase "The President of the" by the word "The" replaced.

3. In § 36c (3) fourth sentence, the word order shall be "The Independent Administrative Senate" through the phrase "the Federal Administrative Court" and the quote "§ 67c AVG" by quoting "§ § 7 and 9 VwGVG" replaced.

4. In § 117a (4) last sentence, the parenthesis shall be "(§ 138)" through the turn "to the Higher Regional Court as a service court (§ 183 para. 3)" replaced.

5. In § 118a (3), second sentence, the parenthesis shall be "(§ 138)" through the turn "to the Higher Regional Court as a service court (§ 183 para. 3)" replaced.

6. § 125 para. 4 Z 6 is repealed.

7. § 132 (3) second sentence is repealed.

8. In § 134 (2) Z 11 the turn shall be "the election of the chamber attorney and his deputy (§ 168)," repealed.

9. § 137 (2) reads:

" (2) However, the decision of the Board is reserved in all cases.

1.

the decisions on disciplinary matters,

2.

the matters referred to in § 6 (4), § 13, § 21, § 22, § 23, § 31, § 35 para. 2, § 95 para. 3, § 97 para. 2, § 103 sec. 2, § 132 para. 3, § 134 (2) Z 7, 11, 12, 13 and 15, as well as section 146 (3),

3.

the proposals for the occupation of notaries and

4.

the submission of opinions on the ability and use of notaries and notarial candidates;

where the notarial chamber in the cases of Z 2, in which a humble execution is granted, can entrust the President with the conduct of the proceedings and may authorise him to decide on his behalf; in such a case, too, the Power to issue a decision of appeal (§ 14 VwGVG) of the Notarial Chamber. "

§ 138 reads:

" § 138. Unless otherwise provided by law, the proceedings (decisions and orders) arising under this Act shall be appealable to the administrative court of the country by means of a complaint. "

11. § 141b (3) second sentence is repealed.

12. § 141f (1) reads:

" § 141f. (1) The Standing Committee shall have the current business as far as they have not been dealt with by the President. "

13. In § 141f paragraph 2, the third to fifth sentences are repealed.

14. In § 141f (3), first sentence, the turn shall be " , unless it is an appeal (complaint) against a communication of a notarial chamber " repealed.

15. In the title of X. Hauptstück II. Section becomes the phrase "and the Court of Appeal in the case of criminal offences" repealed.

16. In § 164 (1), the phrase shall be the following in the introduction sentence "and the Council of Appeal in the field of administrative criminal law" repealed.

17. § 164 (1) (4) is repealed.

18. In § 164 (2), first sentence, the turn " , a member of the Notarial Chamber or a member of the Council of Appeal in the field of criminal law " through the phrase "or a member of the Notarial Chamber" replaced.

19. In § 164 (3), the turn "with regard to its members and the Commissioner for inquiry, the Senate of Appeal in the case of criminal offences with regard to its members" repealed.

§ 167 reads:

" § 167. (1) The decision of the notarial chamber, which contains a guilty verdict, confers on the accused the right to appeal to the Higher Regional Court as a disciplinary court for notaries to be brought to the notarial chamber. The proceedings before the Higher Regional Court as a disciplinary court are the provisions of the III. To apply a section with the proviso that no further legal proceedings are open against the decision on the appeal or a complaint pursuant to paragraph 3.

(2) The period of appeal shall be 14 days; it may not be extended. It shall begin with the day after the date of delivery of the fog to be swept. The start or run of the deadline is not inhibited by Sundays and public holidays. If the end of the period falls on a Saturday, Sunday, public holiday, Good Friday or 24 December, the next day, which is not one of the days mentioned above, shall be considered the last day of the period. The days of the postal service will not be included in the deadline.

(3) Appeal appeals shall have suspensive effect. Late or inadmissible appointments are to be rejected by the Notarial Chamber. The appeal to the Higher Regional Court as a disciplinary court for notaries is pending against the revocation of an appeal as late or inadmissible.

(4) In addition, the decisions of the Notarial Chamber shall not be subject to a separate countervailable procedure in the proceedings for breaches of the standpoint of the standpoint. "

21. § 168 shall be repealed.

22. In § 169 (1), first sentence, the word order shall be "or before the Court of Appeal in the case of criminal offences" repealed.

23. In § 171, para. 2, second sentence, the turn " , Chamber Attorney, Deputy of the Chamber Attorney or member of the Appeals Senate in Order of Order " repealed.

Article 8

Amendment of the Notarial Audit Act

The Notarial Examination Act, BGBl. No 522/1987, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

1. In § 8, first sentence, the word order shall be "Appeal to the Federal Minister for Justice" through the phrase "Complaint to the Federal Administrative Court" replaced.

2. § 8 last sentence is repealed.

Article 9

Amendment of the Rules of Lawyers

The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. In § 5a (1), first sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

2. In § 5a (1), second sentence, the turn shall be "14 Days" through the phrase "four weeks" replaced.

3. In the introduction sentence of Section 5a (2), the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

(4) In Section 5a (2) (1), the word order shall be "The Supreme Professional and Disciplinary Commission" through the phrase "The Supreme Court".

5. § 5a (2) (3) is the following:

" 3.

In addition, § § 49 to 52, 54, 55, 57 and 58 DSt and subsidiary are to be applied in accordance with the provisions of the external law, insofar as their application is compatible with the principles and peculiarities of the entry procedure. "

6. In § 8c (3) fourth sentence, the word order "The Independent Administrative Senate" through the phrase "the Federal Administrative Court" and the Citation "§ 67c AVG" by quoting "§ § 7 and 9 VwGVG" replaced.

7. According to Article 23 (5), the following paragraph 6 is added:

"(6) Unless otherwise provided by law, the criminal proceedings arising under this Act shall be appealable to the administrative court of the country by means of a complaint."

8. In Section 24b (2), the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

9. In § 26 para. 2, first sentence, the word order shall be "to be done in departments" through the phrase "shall be carried out for the Committee by one of its departments, in so far as this is possible without carrying out an investigative procedure" replaced.

Article 26 (5) reads as follows:

"(5) Within 14 days of the date of notification of the decision, the Committee shall be able to present an opinion to the Committee against the decision taken by a department."

11. In § 30 (4), first sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

12. § 30 (4) last sentence reads:

"§ 5a (1), last sentence, and (2) shall apply."

13. In § 34 para. 3, first sentence, the word order shall be "the Supreme Court of Appeal and Disciplinary Commission" through the phrase "the Supreme Court" replaced.

14. In § 34, paragraph 3, last sentence, the quote "§ 5a (2)" by quoting "§ 5a (1), last sentence and para. 2" replaced.

15. In § 45a, the phrase "the independent administration senates in the countries" through the phrase "Administrative Courts" replaced.

16. § 56a (5) reads:

" (5) The flat-rate payment as referred to in paragraph 2 shall be borne by the Federal Government and the Länder in proportion to the total number of such orders, according to the ratio of the orders received by the administrative court to the respective administrative court. The Länder shall replace the Federal Government with the share in each case falling on it at the latest by 31 March of the year following the calendar year in which the payment by the Federal Government has been made in accordance with paragraph 2. "

17. In § 58 the Wendung "the administrative court complaint pursuant to Art. 131 B-VG" through the turn "a revision to the Administrative Court pursuant to Art. 133 (1) Z 1 B-VG" replaced.

Article 10

Amendment of the Law on Lawyers

The Law of Lawyers, BGBl. N ° 556/1985, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 8, the word order shall be "Appointment to the Supreme Court of Appeal and Disciplinary Commission" through the phrase "Complaint to the Federal Administrative Court" is replaced.

2. § 8 second sentence is repealed.

Article 11

Amendment of the Law on Experts and Interpreters

The Law of Experts and Interpreters, BGBl. No. 137/1975, as last amended by the Federal Law BGBl. I n ° 30/2009, shall be amended as follows:

1. § 4 (3) last sentence reads:

"The application for registration shall be decided upon with a decision."

2. § 6 (2) last sentence reads:

"The application for recertification is to be decided with a decision."

3. § 11 reads:

" § 11. The decision to withdraw or reject the application for registration or recertification, or to withdraw the property as a generally appointed and court-certified expert, shall be subject to the complaint to the Federal Administrative Court. "

4. According to § 16d the following § 16e is inserted:

" § 16e. § 4 (3), § 6 (2) and § 11 in the version of the Federal Law BGBl. I n ° 190/2013 are 1. Jänner 2014 in Kraft und sind in der Version des Bundesgesetz BGBl. I n ° 190/2013 to apply to all applications and decisions open after 31 December 2013. "

Article 12

Amendment of the Takeover Act

The Takeover Act, BGBl. I n ° 127/1998, as last amended by the Federal Law BGBl. I n ° 1/2010, shall be amended as follows:

1. § 30 (1) last sentence is repealed

The first sentence of Article 30 (2) reads as follows:

"The procedure before the Takeover Board shall be carried out in accordance with the AVG; in relation to the oral proceedings, § § 24 and 25 VwGVG shall apply in a reasonable way."

3. In accordance with § 30, the following § 30a and heading is inserted:

" Appeal procedure

§ 30a. (1) The seizure of the Takeover Board may be appealed to the Supreme Court with recourse; the filing of a complaint with the Federal Administrative Court is inadmissible. Procedural decisions are only countervailable with the recourse against the decision on the case.

(2) The provisions of the Extraordinary Act relating to the Revisionsrekurs shall apply to the recourse and the appeal proceedings before the Supreme Court, with the proviso that the recourse shall be admissible at any rate.

(3) Insofar as the recourse is not to be rejected as late, the Takeover Commission shall submit the latter together with the files to the Supreme Court. The Takeover Commission may comment on the recourse. "

4. § 35 (3) reads:

"(3) The Takeover Board shall be responsible for the criminal proceedings in the first instance, and the Federal Administrative Court shall decide on complaints by way of derogation from Section 30a."

5. The following paragraph 4 is added to § 37:

" (4) § 30 (1) and (2), § 30a and § 35 (3) in the version of the Federal Law BGBl. I n ° 190/2013, enter 1. Jänner 2014 in force. § 30a, as amended by this Federal Act, shall be applied to the seizure of the Takeover Commission, which was issued after 31 December 2013. On the date of the decision to be taken until that date, the provisions in force until then shall continue to apply. "

Article 13

Amendment of the Verwertungssocieties Act 2006

The Verwertungssocieties Act 2006, BGBl. I n ° 9/2006, as last amended by the Federal Law BGBl. I No 50/2010, shall be amended as follows:

1. § 17 (4) is repealed.

2. § 29 (1) reads:

"(1) The Federal Administrative Court shall decide on complaints against the defection of the supervisory authority."

Section 30 (2) reads as follows:

"(2) The copyright law senate is responsible for the release of statutes by regulation."

4. In § 30, paragraphs 3 and 4 are repealed.

Section 31 (2) reads as follows:

" (2) The members of the copyright senate shall not be bound by any instructions in the performance of this Office. The Federal Minister for Justice has the right to inform himself about all objects of the management of the copyright law and to discontinue members of the copyright senate for important reasons. "

6. § 33 (1) second sentence is repealed.

7. § 34 is repealed.

8. The following paragraphs 4 to 6 are added to § 40:

" (4) § 29 para. 1, § 30 para. 2, § 31 para. 2 and § 33 para. 1 in the version of the Federal Law BGBl. I n ° 190/2013 are 1. January 2014 in force; § 17 (4), § 30 (3) and (4) as well as § 34 will be repeal with effect from 31 December 2013.

(5) With 1. Jänner 2014 will be re-established by the copyright senate. The members of the Copyright Act as of December 31, 2013 are re-appointed for the remainder of the last relevant order period. For the fees for the remuneration of the members and the author of the copyright law, the remuneration of the members of the Conciliation Committee appointed by the Chairman or the Chairman of the Copyright Act and the use of the Copyright senates continue to apply the copyright law fees regulation BGBl. II No 247/2006.

(6) With the expiry of the 31 December 2013 proceedings pending before the copyright senate, proceedings concerning appeals against the authority of the supervisory authority shall continue to be conducted by the Federal Administrative Court. Proceedings pending at this time pursuant to Section 30 (2) (3) are proceedings pursuant to Section 30 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 190/2013 from the copyright senate. Any other proceedings pending at that time, which have not yet been decided upon by the copyright holder, shall not be continued. "

Article 14

Amendment of the Federal Law on charges for the depositary of judicial depository departments

The federal law on charges for the depositaries of the judicial depository departments, BGBl. No. 182/1962, as last amended by BGBl. I n ° 131/2001, shall be amended as follows:

1. § 6 (1) reads:

" § 6. (1) The fees (§ § 4 and 5) shall be charged by the depositary department and shall be disclosed to the Custody Court on the occasion of a conclusion. "

2. In § 8, the sales designation shall be "(1)" and paragraph 2.

Article 15

Amendment of the Criminal Law

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 2/2013, shall be amended as follows:

(1) In § 10 (1a) the word shall be: "Deadline for appeal" by the word "Complaint period" and the word "Appeals procedure" by the word "Appeal procedure" replaced.

2. The title before § 11a and § § 11a to 11h are omitted.

(3) In § 12 (2), after the reference to "101 (2) and (3)" the citation "121 (5)" by quoting "116 (1)" replaced.

4. In § 13 para. 2, the quote " § § 9 (5), 11b (1), 11c (3), 11d (2), 15a (2), 52 (2), 69 (1), 78 (1), 97, 121 (5) and 179a (3) " by quoting § § 9 (5), 15a (2), 18a (3), 52 (2), 69 (1), 78 (1), 97, 121 (5) and 179a (3) " replaced.

5. The following paragraph 3 is added to § 16:

" (3) The law enforcement court at the seat of the Higher Regional Court, in whose Sprengel the custodial sentence is executed, decides on complaints

1.

against a decision or order of the head of the Anstaltsman,

2.

in the event of a violation of a subjective right by the conduct of the head of the institution,

3.

because of the breach of the decision obligation by the head of the institution. "

6. According to § 16, the following § 16a shall be inserted:

" § 16a. (1) The Higher Regional Court of Vienna decides on complaints for the entire federal territory

1.

against a decision of the enforcement court pursuant to Section 16 (3) for illegality,

2.

against a decision of the Executive Directorate,

3.

for breach of the decision obligation by the law enforcement authority.

(2) The illegality referred to in paragraph 1 (1) (1) does not apply to the extent that the law enforcement court has exercised its discretion in accordance with the law.

(3) A complaint against the decision of the enforcement court pursuant to Section 16 (3) shall be admissible only if the decision depends on the solution of a legal matter which is of considerable importance in order to safeguard the legal entity, legal certainty or legal development , in particular because the law enforcement court deviates from the previous highest court case law in criminal enforcement matters, such case law is lacking or is inconsistent. "

7. § 17 reads:

" § 17. (1) The following provisions shall apply to decisions of the General Court pursuant to Section 16 (2):

1.

Before making any decision, the Court of First Instance has to seek an opinion from the head of the office, the public prosecutor's office and the convicted person.

2.

In so far as the facts regarding the state of health or the nature of the convicted person do not seem to be sufficiently clear, the doctor, psychotherapist or psychologist working in the institution and, if necessary, also the to hear other medical, psychotherapeutic or psychological experts.

3.

The provisions of the StPO shall apply mutatis mutinly to the proceedings of the law enforcement court, unless otherwise specified in detail. The convicted person has the rights of the accused. The decision shall always be made known to the convicted person himself, but a copy of the decision shall, however, be sent to his defence counsel at his request, thereby triggering the time limit for the collection of a complaint (Section 88 (1) of the StPO). .

4.

The appeal against the authorization of one of the measures referred to in Article 16 (2) (1) to (3a), (6), (9), (10) and (12) shall have suspensive effect, unless it is directed against the non-inclusion of a time in the criminal period and would appear to be hopeless.

(2) In the proceedings pursuant to § § 16 (3) and 16a (16a), the court shall apply the following provisions in accordance with the provisions of this Federal Act:

1.

in the appeal proceedings in accordance with § § 16 (3) (1) and (2) and 16a (1) (1) and (2) (1) and (2), except for a law of order for the order of law, the AVG, with the exception of Sections 2 to 4, 38, 40 to 44g, 51, 55, 57, 58a, 63 to 66, 68 (2) to 7, 73 (2) and (3) and 75 to 80 (1),

2.

in the appeal proceedings in accordance with § § 16 (3) (1) and 16a (1) (1) (1) (1) because of a law of order for a law of order, the AVG in the scope referred to in Z 1, with the exception of § 11, and § § 1 to 8, 19, 19a, 22, 25, 31, 32, 38, 44a, Z 1 to 3 and 5, 45, 51 (7), 52 and 55 VStG as well as § § 42 and 52 VwGVG, with the proviso that the minimum procedural fee referred to in § 52 para. 2 VwGVG is no longer applicable,

3.

in the appeal proceedings in accordance with § § 16 (3) Z 3 and 16a (1) (1) (3), those provisions in federal laws which the defaulting law enforcement authority would have had to apply. "

8. § 18 together with the title is:

" Enforcement senate

§ 18. (1) In the proceedings according to § § 16 (3) and (16a) the decision is to be taken by a senate. The Senate is composed of two judges, one of whom leads the presidency, and a professional lay judge.

(2) As far as the business case requires the establishment of several Senate, complaints from inmates of an institution are to be assigned to the same senate.

(3) The decision in the appeal proceedings is excluded

1.

a professional lay judge, if he has participated in the decision taken in complaint;

2.

a member of the Executive Board, if there are other reasons that are likely to cast doubt on his or her full impartiality.

(4) The Chairman shall appoint a member of the Senate for each case of appeal, to convene the meetings of the Senate, as appropriate, to arrange the dispositions serving in preparation for the meeting and to chair the meetings.

(5) A senate is quorum if all members are present. Prevented members of the Senate are to be represented by the replacement members in the order specified in the business distribution.

(6) Each vote shall be subject to consultation. The expert lay judge will give his voice to the judges. The chairman's last vote. The court shall decide by a majority of the votes. A abstention is inadmissible.

(7) A protocol should be adopted on consultation and voting.

(8) The Chairman may replace the advice and decision-making on the rejection of complaints by obtaining the consent of the other members of the Senate in circulation, if none of these members disagree. Consent may only be given in writing. "

9. In accordance with § 18, the following provisions shall be inserted:

" Specials in lay judges

§ 18a. (1) The activity as an expert lay judge and a substitute lay judge is a service task. The competent lay judges and substitute laider judges shall be independent in the performance of their duties; they shall have the full powers of the powers conferred by the Office of Judge.

(2) expert lay judges must be Austrian citizens. They may not have been legally convicted of an offence committed intentionally, unless the penalty is eraded. As an expert lay judge, only federal staff of the department may be appointed from the district of the Anstaltsleiter, their substitutes or other experienced penitent officers.

(3) After obtaining a proposal from the President of the Higher Regional Court, the Federal Minister for Justice has to appoint the required number of competent lay judges for a period of six years. For each lay judge, at least two spare-load judges shall be ordered. The substitute lay judge shall represent the expert lay judge in the case of his prevention.

(4) The first operating period begins with 1. Jänner 2014. The competent lay judges shall be beheaded by the President of the Higher Regional Court before their duties are issued. The office begins with the Angelobung. Reorder is allowed.

(5) The competent lay judges and substitute laiding judges shall immediately disclose to the President of the General Court (the Chairman of the Senate):

1.

any circumstance that prevents them from complying with a summons as an expert lay judge,

2.

the occurrence of a prolonged period of prevention of the exercise of their duties.

(6) The journeys undertaken by the competent amateur judges for the performance of their function shall be in accordance with the travel fee rule 1955, BGBl. No 133, such as missions to be paid, where the place of employment is the main activity.

§ 18b. (1) During the period of (provisional) suspension, temporary suspension or non-employment, and during a holiday of more than three months and the performance of a professional amateur or a substitute lay judge, the Office shall be deemed to be an expert lay judge or a replacement laider. Military, Training or Civil Service.

(2) The Office shall end as an expert lay judge or substitute laiding judge

1.

at the end of the order period, but when the appointment of the following specialist lay judge or substitute lay judge takes place after that date, with the entry into office of the following expert lay judge or substitute lay judge,

2.

by death,

3.

with the departure of the service,

4.

by impeachment or

5.

with the final imposition of a disciplinary penalty other than the reference.

(3) An expert lay judge or a substitute laiding judge shall be relieved of his office if he/she

1.

is losing one of the statutory requirements for employment,

2.

it is no longer able to carry out its judicial tasks because of its health condition,

3.

grossly infringed or neglected the duties assigned to him as an expert lay judge or a substitute lay judge, or

4.

, a behaviour which is incompatible with the reputation of the Office.

(4) The Court of First Instance, in the sense of § 90 RStDG, BGBl, shall have the revelation pursuant to Section 3 (1), (2) and (4). No. 305/1961, in the procedure provided for in Section 93 (1) of the RStDG, on the revelation pursuant to Section 3 (3) (3) would be the court that would be disciplinary court in the sense of Section 111 of the RStDG, in which, according to § § 112 to 120, 122 to 149, 151, 152 lit. a, 153, 154, 155 (1), 157, 161 to 165 RStDG, with the proviso that no penalty may be imposed in addition to the revelation. "

10. In § 107 (4), the reference "§ § 31, 38, 44a Z 1 to 3 and 5, 45, 52 and 64" by reference "§ § 31, 32, 38, 44a Z 1 to 3 and 5, 45, 52, 55 and 64" , and the following last sentence is added:

"A minimum procedural fee cannot be determined in accordance with § 64 (2) VStG."

11. In § 116 (1), second sentence, the word "Full Chamber" by the word "Full Directorate" replaced.

12. § 120 (2) reads:

" (2) An appeal against a decision may be lodged no later than the fourteenth day after that day on which the decision has been proclaimed or delivered to the criminal prisoner. If the appellant has requested a written copy of the decision no later than the third day after the day of delivery, the delivery of the written copy shall be decisive for the course of the period. In all other cases, a complaint may be levied at the earliest on the first day, but no later than the fourteenth day after that day at which the criminal prisoner of the grounds of appeal has become aware of the complaint. A complaint shall no longer be admissible if the prisoner has expressly waived the appeal after the notification or delivery of the decision. Complaints shall be made in writing or at the time of the day to be determined by the head of the institution, in the case of the responsible officer responsible for the enforcement of the prison term. "

13. § 120 (3) reads:

" (3) The collection of a complaint does not have suspensive effect. However, the head of the institution and the court seised of the appeal may, on its own account or at the request of the appellant, grant the suspensive effect if the non-compelling public interest is contrary to the law and, if so, Consideration of all the touched interests with the enforcement of the contested order or decision would be a disproportionate disadvantage for the complainant. "

14. § 121 reads:

" § 121. (1) The Head of the Anstalts shall decide on complaints against prison staff or their orders. If a complaint is directed against a decision, arrangement or conduct of the head of the institution or against the breach of the decision-making obligation by the head of the institution, and does not assist the complaint itself, it shall have the following Court of law (§ 16 (3)) to decide.

(2) As far as the facts are not sufficiently well known, surveys shall be carried out before the completion of the execution. When submitting complaints, the Head of the Anstalts has to report a short report to the extent that the facts do not already arise from the files which have been presented in the course of the present case. The Court of First Instance may also ask the Regional Court, acting in criminal matters, where the institution concerned is situated, in order to ask for surveys in the legal aid path.

(3) The appellant must be heard before the decision, unless such a hearing does not appear to be necessary in the circumstances of the case, in particular because the facts appear to have been sufficiently clarified or the complaint has been made. to the extent to which it is fully accepted.

(4) A Board of Appeal has to proclaim the prisoner of the sentence or a prison officer appointed by him to the criminal prisoner. If the appeal is directed against the person of the head of the institution, his deputy or a law enforcement officer appointed by that person shall announce the recognition of the complaint. At the same time, the prisoner is to be lecturing about the possibility of another complaint. Upon his request, a written copy of the decision shall also be sent to the prisoner of the criminal court.

(5) In the event of an appeal against the decision of the enforcement court, the criminal prisoner and the Federal Minister of Justice may, within six weeks, lodge a complaint to the Vienna Higher Regional Court for illegality. "

15. In accordance with § 121, the following provisions shall be inserted:

" Judicial Appeal Proceedings

§ 121a. (1) § § 120, 121 are to be applied to the court appeal proceedings in accordance with § § 16 (3) and 16a (1) (1), with the following conditions:

1.

In order to collect the complaint, it is entitled, who claims to be injured in a subjective right under this federal law.

2.

Complaints shall be submitted to the Authority against which the complaint is addressed. If a complaint is filed with the competent court within the time limit for appeal, this shall be deemed to have been filed in good time. In that event, the Court of First Instance shall immediately forward the appeal lodged with it to the Authority against which the complaint is addressed.

(2) In so far as a complaint addressed to a court requires the exercise of the right of supervision of the law enforcement body affected by the appeal, the court has the right to appeal to the law enforcement authority in accordance with § § 11 to 14 of the law forward.

Decisions

§ 121b. (1) Decisions of the General Court in accordance with § § 16 (3) and (16a) shall be taken by decision. A decision has to contain the saying, justification and the right to appeal.

(2) Where the Authority has omitted any necessary investigation of the facts, the Court of First Instance may decide to repeal the contested decision and refer the matter back to the Authority for the authorisation of a new decision. The Authority shall be bound by the legal assessment on which the Court of First Instance took its decision.

(3) In addition to the case referred to in paragraph 2, the Court of First Instance shall always decide on the matter itself, provided that the appeal is not rejected as inadmissible or delayed. With the exception of complaints on the basis of a law of order, the court is entitled to amend the contested decision in any direction.

(4) A written copy of the decision shall be sent to the complainating person and to his or her representation and to the judicial institution concerned. Moreover, a decision pursuant to section 16 (3) shall also be granted to the Federal Ministry of Justice.

Appeal for breach of decision-making

§ 121c. (1) In the event of a breach of the obligation to make a decision pursuant to § § 16 (3) Z 3 and 16a (1) (3) (3) (3), a complaint may be made to the court who claims to be entitled to assert the decision-making obligation in the law enforcement proceedings.

(2) The appeal may not be filed until the enforcement authority has decided within six months, if a shorter or longer decision-making period is required by law, within the decision-making authority. The period shall begin from the date on which the application for a substantive decision has arrived at the place where it was to be submitted. The complaint shall be dismissed if the delay is not due to a predominant fault of the law enforcement authority.

(3) The law enforcement authority may adopt the communication within a period of three months. If the decision is adopted or if it has been adopted prior to the initiation of proceedings, the procedure shall be adjusted.

(4) Holt shall not inform the enforcement authority of the decision, it shall submit the appeal to the General Court, following the acts of the law enforcement proceedings. "

16. The following paragraph 26 is added to § 181:

" (26) § § 10 para. 1a, 12 para. 2, 13 para. 2, 16 para. 3, 16a, 17, 18 including the title, 18a including the title, 18b, 107 (4), 116 (1), 120 (2) and (3), 121, 121a to 121c together with headlines, 181a (1) to (8) as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 190/2013 are 1. Jänner 2014 in force. Section 181a (9) in the version of this Federal Law will enter into force on 1 November 2013. § § 11a to 11h will expire at the end of 31 December 2013. Administrative preparatory measures for the establishment of the lay-out in the courts can already be taken with the proclamation of this federal law. "

17. According to § 181, the following § 181a is inserted:

" Transitional provisions

§ 181a. (1) The responsibility for the continuation of the proceedings pending at the execution chambers by the end of 31 December 2013, with the exception of proceedings against the person of the Head of Anstalt Head of Administrative Offences (§ 116 para. 1), goes with 1. Jänner 2014 to the law enforcement court (§ 16 para. 3); this also applies to proceedings pending before the law enforcement department, in which this authority is factually relevant upper authority.

(2) The responsibility for the continuation of the proceedings pending at the execution chambers by the end of 31 December 2013 on the grounds of administrative offences against the person of the head of the head of law (§ 116 para. 1) goes to 1. January 2014 to the law enforcement agency.

(3) In the event of the transfer of the competence referred to in paragraphs 1 and 2, the files of the procedure shall be those of 1. The competent authority shall be notified in January 2014.

(4) The Administrative Court shall remain responsible for the continuation of proceedings concerning complaints pursuant to this Federal Act pending at the end of the 31 December 2013 period.

(5) Is the decision of a law enforcement chamber or of a law enforcement authority responsible for the release of that decision by the end of 31 December 2013, which shall be the first of the following: 1. However, in the event that it is no longer responsible for the release of this event, the delivery of which has been initiated before the end of the 31 December 2013 period, and until the end of that day has not been served, the notification shall nevertheless apply: shall be deemed to have been delivered to all parties to whom service has been ordered.

(6) If it is determined by the delivery of the course of a period, this period shall begin to run at that time in which the communication according to the provisions of the Delivery Law-ZustG, BGBl. No 200/1982, which would be deemed to have been delivered. The execution of the fog is inhibited until that time. If the case referred to in the first sentence does not enter into force until the end of June 30, 2014, the communication of the law will not enter into force.

(7) If a communication pursuant to this Federal Act, against which a complaint to the law enforcement chamber or an appeal is admissible, has been issued before the end of 31 December 2013, the period of appeal or appeal period shall expire at the end of 31 December 2013. and if an appeal or appeal has not been filed against this decision by the end of the 31 December 2013 period, it may be taken against him by the 1. Jänner up to the end of the 15th Jänner 2014 complaint to the court competent pursuant to Sections 16 (3) and 16a (1) (1). An appeal against such a decision up to the end of December 31, 2013 shall be deemed to have been lodged in good time in accordance with § § 16 (3) and 16a (1).

(8) Is a communication pursuant to this Federal Act, against which a complaint pursuant to Art. 130 (1) (lit). a B-VG in the version valid until the end of 31 December 2013 is admissible in the Administrative Court, has been issued before the end of 31 December 2013, the notice of appeal is still pending at the end of 31 December 2013 and has been brought against this decision did not complain to the Administrative Court by the end of 31 December 2013, it may be against him of the 1. Jänner will be made a complaint to the Higher Regional Court of Vienna by the end of February 12, 2014.

(9) Everyone who is informed after the end of the 31. It shall contain a reference to the legal consequences of paragraph 7 and 8. "

Article 16

Amendment of the Liegenschaftsteilungsgesetz

The Liegenschaftsteilungsgesetz, BGBl. No. 3/1930, as last amended by the Federal Law BGBl. I No 30/2012, shall be amended as follows:

1. § 13 (1) the following sentence is added:

"The rank of the registration shall be determined after the date in which the decision on the entry and entry of the entry point is handed over."

2. § 16 the following sentence shall be added:

"The rank of the registration shall be determined after the date in which the decision on the entry and entry of the entry point is handed over."

Section 39 is added to the following paragraph 7:

" (7) § 13 para. 1 and § 16 in the version of the Federal Law BGBl. I n ° 190/2013 will enter into force on 1 July 2013. "

Article 17

Entry into force, transitional provisions, enforcement and personal expressions

§ 1. Unless otherwise stated in the following, Articles 1 to 4, 7 to 10 and 14 of this Federal Law are to occur with 1. Jänner 2014 in force.

§ 2. Responsibility for the continuation of the proceedings pending at the end of 31 December 2013 at the Supreme Court of Appeal and Disciplinary Commission pursuant to Section 59 (1) Disciplinary Statute for Lawyers and Lawyers of Lawyers Court (seventh section of the Disciplinary Statute for Lawyers and Lawyers in the Federal Law of the Federal Republic of Germany (BGBl). I No 190/2013 amended) over. The term of office of the lawyers elected by the Chambers of Lawyers before the entry into force of this Federal Law remains unaffected; with the expiry of the 31 December 2013 they belong to the Supreme Court for the remainder of their term of office as a law judge .

§ 3. The responsibility for the continuation of the proceedings before the Standing Committee of the Austrian Notarial Chamber in matters pursuant to § § 117a (4) and 118a (3) NO at the Permanent Committee of the Austrian Notarial Chamber goes to the Oberlandesgericht (Oberlandesgericht) as a Emergency Service Tribunal.

§ 4. The jurisdiction to continue the proceedings pending before the Court of Appeal in order for the appointment of the Court of Appeal pursuant to Section 168 (1) of the Court of Appeal shall be transferred to the Oberlandesgericht as the Disciplinary Court for Notaries.

§ 5. The Federal Minister of Justice is responsible for the enforcement of this federal law.

§ 6. The personal expressions used in this Federal Act relate to women and men as far as this is considered in terms of content.

Fischer

Faymann