Verwaltungsgerichtsbarkeits Adjustment Act - Federal Ministry For Defence And Sports - Vwganpg Mods

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz - Bundesministerium für Landesverteidigung und Sport – VwGAnpG-BMLVS

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_181/BGBLA_2013_I_181.html

181. Federal law, with which the military service Act 2001, the army disciplinary Act 2002, the army charges Act 2001, the foreign usage Act 2001, the military Authorization Act, the restricted Act 2002, the munitions Act 2003, the military award Act 2002 and the force stay law be changed (Verwaltungsgerichtsbarkeits adjustment Act - Federal Ministry for defence and sports - VwGAnpG mods)

The National Council has decided:

Article 1

Amendment to the Defence Act 2001

The military service Act 2001 (WG 2001), Federal Law Gazette I no. 146, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 23:

'Article 23a. Usage - and postponing military service as well as extraordinary exercises"2. The entry for section 28 is in the table of contents:

"§ 28 discharge from the military service" 3. In the table of contents, the entry for section 29 and section 63 accounts for each.

3A. In the table of contents of the entry for section 42 is as follows:

"§ 42. education and skills" 4. In the table of contents is the entry to article 55:

"§ 55. competences and procedural provisions of special" 5. § 1 para 2 third sentence reads:

"The peace organization includes only soldiers who have made emergency organisation 1 soldiers, 2. conscripts of the militia stand and 3 women, the military service."

6 § 7 para 1 subpara 1 is: "1 the army organization, unless they are expressly laid down in this Act," 7 § 14 para 1 No. 2 is: "2. the announcement or notification of an invitation to the position" 8 § 15 para 1 second sentence is omitted.

9 § 17 para 2 last sentence deleted.

10 paragraph 18 paragraph 1:

"(1) conscripts are obliged to undergo the position the Commission position, unless expressly otherwise determined. In the invitation to the position are to announce the time of advent, the duration and the place of the position. The total duration of the position shall not exceed four days including the time required for the return journey. Information, which are used to prepare the position, can be obtained prior to the start of the Stellungspflichtigen."

11 paragraph 18b, paragraph 1, last sentence:

"Section 18 paragraph 1 with regard to the call for the is to apply."

12 paragraph 19 paragraph 1:

(1) who is military service payable as 1 basic military service or 2nd militia exercises or 3. voluntary weapon exercises and role services or 4. military service as a soldier or 5 military service due to an injunction pursuant to Section 23a para 1 in the case of use according to § 2 para 1 lit. a to c (use presence service) or 6 military service in case of a temporary deferral of dismissal according to article 23 (a) paragraph 2 (service of suspension of) or 7 extraordinary exercises or 8 presence service operations abroad (foreign military service usage)."

13. in § 21 para 2 subpara 1 adds "at the latest" before the word "within" the word.

14 § 21 ABS. 3 penultimate sentence reads:

"At the request of the conscripts a parliamentary army Commission opinion is prior to issuing a notice of selection to overtake."

15 § 24 together with heading is replaced by the following articles 23a and 24, each including the heading:

"Use - and postponing military service and extraordinary exercises

Section 23a. (1) the President has the use of conscripts of the militia and the reserve level to the usage of military service up to a total of 5 000 conscripts under the provisions of paragraph 3 and within the authorization of the Federal Minister of national defence and sports granted him by the Federal Government, in addition. The Minister holds a such available for required for national defence and sports he has on this immediately to report the Federal President and the Federal Government. Where such an attraction is concerned only conscripts are subject to the reporting obligation pursuant to § 11 paragraph 6, it has anyway, the Federal Minister of national defence and sports within the authority granted to him by the Federal Government.

(2) in the case of exceptional circumstances the dismissal may be postponed for the time being of conscripts when 1 of the military service, or 2. a military service as a soldier or a militia exercise 3 or 4 a volunteer weapons training or service function.

The disposal of the temporary deferral of the dismissal is the Federal Minister of national defence and sports up to a total of 5 000 conscripts under the provisions of paragraph 3 and within the authority granted to him by the Federal Government, moreover, the Federal President. The Minister holds a such available for required for national defence and sports he has on this immediately to report the Federal President and the Federal Government. With this available in force these conscripts is considered to be convened to the postponement of military service.

(3) the total number of conscripts, which make the use military service and the military service of suspension of on the basis of a decree of the Federal Minister of national defence and sports, must exceed at any time of 5 000. In this figure, conscripts, who are subject to the notification according to § 11 paragraph 6 and to the use of military service are used by the Federal Minister of national defence and sports, are not attributable.

(4) in the case of exceptional circumstances, the Minister of national defence and sports within the authority granted to him by the Federal Government can have the use of conscripts to extraordinary exercises as a precautionary measure to strengthen the defence.

Called up for military service

Conscripts are section 24 (1) to hold the respective military interests with call-up orders to the military service. The call-up orders is to adopt no later than four weeks before the date of call-up to basic military service and 2 no later than eight weeks prior to the convocation date to a 1) militia exercises and b) voluntary gun exercises and function services.

The call-up orders to the military service may not be adopted before the end of six months after first finding of the fitness of conscripts for military service. The time limits under Nos. 1 and 2 may be reduced in accordance with military requirements, in the case of the No. 2 in particular to practice making the commitment of associations by means of weapons exercises. Any time limits may be shortened with written consent of the conscripts.

(2) the convocation can be, where military considerations so require, by a general notice of the Federal Minister of national defence and sports. In this notice are place and time where the presence service to compete is to determine. With regard to those conscripts, a license was followed from which to prepare a draft in which the place of the present of this presence service (deployment license), is led, the reference to the place indicated in the provisioning certificate is sufficient as a location.

"(3) conscripts to military service be convened which are 1 according to suitability and needs for military use to assign the relevant military departments and, 2. as far as military requirements do not preclude taking on a) the occupation and the otherwise proven expertise, b) the residence and c) their wishes with regard to Garnisonierung, type of weapon and convening date."

16 in § 26 para 1, sentence is inserted after the second sentence:

"Even those from a registered partnership considered familial interests."

17 in section 26a para 1 and 2 the words "authority in the first instance" are substituted by the words "competent authority".

18. in article 27 paragraph 2 the comma by the word is at the end of the No. 4 'and' as well as at the end of the Z 5 the word "and" replaced by a point and is eliminated the No. 6.

19. the heading to § 28 is:

"Dismissal from the military service"

20 paragraph 1 penultimate sentence, article 28 paragraph 2 and § 29 together with heading accounts for § 28.

21 paragraph 28 paragraph 6:

"(6) persons, the presence - or training service provide and as military personnel or military-VB is recorded, considered to be released from this presence - or training service in advance. This dismissal is effective 1 during recording as military personnel at the end of the day preceding the date of the effectiveness of the appointment or 2. is established as military-VB with expiry of the day preceding the date of the commencement of employment.

Early release takes effect only after no. 2 when the service was indeed happened on the day set out in the service agreement. "

22 in the section 32a, paragraph 1, the word "Education services" is replaced by the word "Military service".

23 § 33 paragraph 4 first sentence reads:

"The provision of goods after paragraph 1 may at any time by special request of the military command or, where military considerations so require, be arranged through general notice of the Federal Minister of national defence and sports."

24 in the section 38, paragraph 1 does not apply the second movement and is the Z 1: '1.

"§ 24 para 3 of assignment to the military departments and ' 25. Be added following paragraph 6 and 7 section 38:


"(6) on people who provide training service, are after a military service of twelve months that federal regulations apply, which apply to persons from the 13th month of the training service. § 86 para 1 and 4 HDG 2002 the disciplinary status of persons in the service of education remains unaffected.

(7) in accordance with military interests a different rank than that which they immediately before this training, can be awarded to for the duration of the troop officer training people who provide training service."

26. in paragraph 38, b subsection 6 Z 2 is replaced the citation "§ 28 para 2" by the citation "section 23a para 2".

27 § 39 para 1 No. 1 replaces the reference to "article 24, paragraph 1 and 2" by the reference to "article 24".

28 § 39 para 3 No. 1 is: "1 § 32 duties and powers in the militia and" 29. In § 39 para 5, the word is replaced "suitable" by the word "heranziehbar".

30. in paragraph 40, the words "in the first instance" are eliminated.

30A. the heading to § 42 is as follows:

"Education and skills"

(b) 30. The following paragraph 3 is added to § 42:

"A proof of the training objectives concluded in the course of military training and the skills thus acquired, knowledge and skills to make (skills) is (3) the soldiers on the occasion of the completion of a presence - or education service. These skills must include the exact name and the hours degree of the achieved training target and a description of practical use only made in this context. Providing a training target on several such military services, extends the skills with regard to the objective of this training is at the end of those military services to exhibit, in which the respective training goal was reached."

31. in article 45 para 1 second sentence be inserted after the word "Days" the words "or 25 working days".

32. in paragraph 47 and section 48 para 1 the word is inserted before the word "Court" each "ordinary".

33. in § 54 para 1, the words "in the first instance" accounts for the word "Administrative penal proceedings".

34. the heading to § 55 is as follows:

"Competence and procedural provisions of special"

35. paragraph 55 paragraph 1:

"(1) the competence to the issuing of notices under this Federal Act lies, unless expressly otherwise determined, the military command."

36. the section 55 be added following paragraph 3 to 7:

"(3) in proceedings before the Federal Administrative Court against decisions under this Federal Act, can enter for national defence and sports at any time at point the authority sued the Federal Minister.

(4) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, at the administrative court to review.

(5) the exhibition of ways the military authorities is according to the rules of international humanitarian law carried out in the enforcement area of the Federal Ministry for defence and sports.

(6) appeals against decisions of the position commissions, scrapped - and release commands as well as against decisions about early release according to § 28 para 3 and § 38 paragraph 5 third set have no suspensive effect. This also applies to template requests in before appeal against such decisions.

(7) in the cases of paragraph 6, the Federal Administrative Court at the request of the complainant has to grant the suspensive effect with decision, when the compelling public interests are opposed and after weighing up the contact with the public interests and the interests of the party with the implementation of the contested decision, a disproportionate disadvantage would be connected. Substantially change the conditions that were decisive for the decision on the suspensive effect, to on the request of a party."

37. in section 55a paragraph 1 the words "to protect an important public interest" inserted before the word "legally".

37A. In section 56a is the previous text paragraph labeled (1) and the following paragraph 2 is added:

"(2) conscripts and women who each did military service, can be entrusted in accordance with military interests with information activities relating to the foundations of comprehensive national defence including the tasks of the Federal Army, as well as the military service coming for the fulfilment of these tasks considering military training."

38. in paragraph 60, k following paragraph 2 be inserted after para. 2 l and 2 m:

"(2l) the contents concerning the entry to section 42, the heading to § 42, § 42 paragraph 3 and section 56a, each as amended by Federal Law Gazette I no. 181/2013, with 1 October 2013 into force."

(2m) the contents regarding the entries to the sections 23a, 28, 29, 55 and 63, section 1, paragraph 2, article 7, paragraph 1, article 14, paragraph 1, article 15, paragraph 1, § 17 para 2, § 18 para 1, § 18 (b) para 1, § 19 para 1, § 21 para 2 and 3, the sections 23a and 24, each including heading, § 26 para 1, § 26a para 1 and 2, section 27, paragraph 2 , the heading to § 28, § 28 para. 1 and 6, section 32a para 1, § 33 paragraph 4, article 38, paragraph 1, 6 and 7, section 38 b paragraph 6, article 39, paragraph 1, 3 and 5, § 40, § 45 para 1, § 47, § 48 para 1, § 54 para 1, the heading to article 55, article 55, paragraph 1 and 3 to 7, section 55a, paragraph 1 and article 66, each as amended by Federal Law Gazette I no. 181/2013 "that take effect from 1 January 2014."

39. in paragraph 60, 11 the following paragraph is inserted after paragraph 10:

"(11) at the end of 31 December 2013 § 29 together with heading, § 61 para 9, 10, 11, 17, 24, 25 and 32, and section 63 and header override kick § 28 para 2,."

40. in paragraph 61, paragraph 9, 10, 11, 17, 24, 25, and 32 are eliminated.

41. paragraph 63 and heading is eliminated.

42. paragraph 66 No. 2: "2. with regard to section 7, paragraph 1 and 2 as well as Article 23a, paragraph 1, 2 and 4, insofar as these, are the Federal Government, each transferring tasks" 43. In section 66, the expression "and section 63, paragraph 9" eliminates No. 3.

44. 66 Nos. 8 and 9 are eliminated §.

45. in paragraph 66, 10 following Z 9a is inserted before Z: '9a.
"in terms of the provisions of the Federal of Chancellor and" article 2

Change of the military disciplinary Act 2002

The army disciplinary Act 2002 (HDG 2002), Federal Law Gazette I no. 167, last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in the table of contents entry to § 9 is as follows:

"§ 9 liability of the representative institutions" 2. The entry for section 15 is in the table of contents:

"§ 15 disciplinary Commission" 3. In the table of contents is the entry to article 17:

"§ 17 suspension and end of membership to the disciplinary Commission" 4. The entry for section 33 is in the table of contents:

"§ 33. evidence" 5. In the table of contents, the following entry is inserted after the entry for section 36:

"§ 36a. Revision"6. In the table of contents is the entry for section 61:

"§ 61. application of the ordinary procedure" 7. In the table of contents, the entry to section 64 is:

"§ 64. Appeals against disciplinary knowledge" 8. The entries to the sections 72, 73, 76 and 82 are in the table of contents.

9. in the table of contents entry to § 77 is as follows:

"§ 77. participation of specialized magistrates ' 10. In § 1 para 1, § 2 para 1 to 3, § 13 para 2, § 24 para 2, article 56, paragraph 1, section 58, section 60 paragraph 2, article 62, paragraph 1, article 63, para. 3, section 74, paragraph 2 and in article 88, paragraph 4 the word "Militia" is substituted by the word "Militia".

11. in the section 3, paragraph 1, the words "first instance" accounts for Z 1.

12 paragraph 3 section 4:

"(4) (the running of the time limits under paragraphs 1 to 3 is inhibited 1 for the duration of proceedings before the constitutional or administrative court or an administrative court or 2 for the period between the pay of criminal charges by the disciplinary supervisor or the disciplinary Commission and the receipt of a) the communication of the public prosecutor's Office about the setting of the investigation or its termination after the 11 main piece of the code of criminal procedure (StPO) 1975" , BGBl. No. 631, or b) the notice of termination before the court proceedings at the disciplinary supervisor or the disciplinary Commission, or 3 for the duration of criminal proceedings according to the code of criminal procedure 1975 or 4th in the cases of § 28 of the Federal staff representation Act (PVG), Federal Law Gazette No. 133/1967, a) for the period from submission of the disciplinary authority to consent to the decision by the appropriate staff representative body or b) for the duration of proceedings before the staff authority or 5th for the duration of a the Court of Justice of proceedings regarding precipitation a preliminary ruling if the facts underlying the breach of duty in all of these cases is the subject of such a display, or of such a process."

13 paragraph 4:

"The suspicion of a judicially punishable act officio to be traced is § 4, which justified the suspicion of a breach of duty, has to reimburse criminal charges to a prosecutor 1.

the disciplinary Chief of suspects or 2 while a pending her disciplinary proceedings against the suspect the disciplinary Commission.

"The duty of disclosure is not, if and as long as sufficient grounds for believing, that the judicial criminality will be indeed short damage rectification measures."

14 paragraph 5 paragraph 3:

"(3) has the authority filed criminal charges or otherwise to suspend disciplinary procedures knowledge of criminal proceedings according to the code of criminal procedure 1975, is so until 1 the message of the Prosecutor is arrived on the setting of the investigation or its termination no. 2 at the disciplinary Commission main piece of the code of criminal procedure 1975 at the disciplinary supervisor, or in the cases of § 4 after 11 or 2. criminal procedure valid has been completed."



15 in section 5 paragraph 4 first sentence are the words "strafgerichtliche procedure"

by the words "Criminal proceedings according to the code of criminal procedure 1975"

replaced.

16. in section 5 subsection 4 the last sentence and in the section 51, paragraph 4, the words "in the first instance" accounts for each.

17 § 5 par. 5, second sentence, is:

"In this case the competent disciplinary authority of the accused has pursuant to section 4 to tell the Prosecutor the initiation of disciplinary proceedings, as well as its setting or final completion."

18 § 7 para 1 and 2 are:

"(1) are in the military service after the occurrence of the force of law to announce 1. disciplinary measures and disciplinary findings and findings of the Handelshof complaints against those 2 judicial convictions, 3 administrative penal decisions and ordonnances pénales and 4. deciding on appeals against the exercise of immediate management regulatory command and coercive power because of illegality, if the statement is required to prevent the Commission of breaches of duty." A statement issued after the Z 2-4 is allowed only if those decisions relate to the facts underlying a breach of duty.

"(2) the statement must be for the respective spheres of competence 1. decisions referred to in paragraph 1 Z 1 to 3 of the disciplinary supervisor of the person concerned and 2. for decisions pursuant to par. 1 Z 4 by the Federal Minister of national defence and sports."

18A. § 7 para 4 first sentence is the citation "after section 2" by the citation "pursuant to par. 2 No. 1" replaced.

19. in paragraph 7, after paragraph 4, the following paragraph 4a is inserted:

"(4a) the cases of paragraph 4, the Federal Minister of national defence and sports can announce decisions Z 1-3 referred to in paragraph 1, if he considers the statement to maintain the discipline in its entire area of responsibility attached."

20 § 7 para 5 the last sentence is replaced by the following sentences:

"She has in accordance with the respective military interests in an appropriate manner to be carried out. Statements referred to in paragraph 1 Z 4 and paragraph 4a have to be done anyway, in anonymised form."

21 paragraph 8 section 1:

"(1) after entry of the legal force of a disciplinary order or a Disziplinarerkenntnisses or a decision of the Handelshof complaints against such are 1 in a guide sheet to hold the breach of duty, 2. the timing of the legal force of the underlying decision imposed misconduct or a guilty verdict without penalty and 3."

A copy of a specific record or a written decision to close at is the leadership journal."

21A. In § 8 par. 2 will be inserted after the word "Disziplinarerkenntnisses" the phrase "or of a decision of the Handelshof complaints against such".

22 paragraph 9 together with the heading:

"Accountability of representative bodies

§ 9 soldiers and staff representatives allowed for statements and actions that are done in the exercise of their function, disciplinary not be held responsible."

23 paragraph 11:

"Section 11 (1) disciplinary authorities disciplinary commanders a are 1) as a unit commander and b) as disciplinary superior and 2. the disciplinary Commission."

(2) the disciplinary authorities referred to in paragraph 1 and the Federal Administrative Court may process the data necessary for the execution of this Federal Act."

24 § 13 para 4 first sentence reads:

"Is the disciplinary punishment of breaches of the obligations under the entire responsibility of 1 Nos. 1 and 2 according to para appropriate disciplinary supervisor or considerably more difficult in parts of this area of responsibility as a result of local conditions, as the Minister of national defence and sports has to assign this area of responsibility or parts thereof to an other disciplinary superior."

25. in section 14 para 1 subpara 1 lit. b and Z 2 lit. the words "in the respective instance" respectively account for d.

26 paragraph 15 together with the heading:

"Disciplinary Commission

Section 15 (1) for soldiers who joined the army on the basis of an employment contract, and career soldiers of retirement is to set up a disciplinary Commission at the Federal Ministry for defence and sports.

(2) the disciplinary Commission has to consist of the Chairman, as well as the requisite number of deputies of the Chairman and other members. The disciplinary Commission has to negotiate in Senates and to decide.

(3) the members of the disciplinary Commission are autonomous and independent in the exercise of their duties under this Federal Act.

(4) the Federal Minister for defence and sports is entitled to inform of all items of the Executive Board of the disciplinary Commission."

27 paragraph 16: "§ 16 (1) are the members of the disciplinary Commission to order with effect from 1st January of the calendar year for a period of six years. In case of need, the disciplinary Commission is however also during this six years through the appointment of additional members to complete.

(2) the Federal Minister of national defence and sports from the circle of soldiers belonging to the army on the basis of an employment relationship, has to order 1 the Chairman of the Disciplinary Committee and his Deputy and 2nd half of the other members of the disciplinary Commission.

Only officers in a permanent public service employment may be appointed as the Chairman or Deputy. They must have sufficient knowledge and experience in the military disciplinary nature. The Chairman of the disciplinary Commission shall be legally qualified.

(3) the second half of the other members of the Disciplinary Committee is to be appointed by the Central Committee at the Federal Ministry for defence and sports from the same group of persons as the other members of the other. The Central Committee ordered no or too few members of the disciplinary Commission, within one month following a request by the Minister of national defence and sports the Federal Minister of national defence and sports shall appoint the required members themselves.

(4) as a member of the disciplinary Commission, not a soldier may be ordered, 1 which is out of service or 2nd, if only for the time being, is relieved from the service or 3 against the disciplinary proceedings initiated, until its demise or legally final or 4 because of an officio to be pursued, committed with intent Court criminal action was finally convicted ", up to the time at about the conviction no or only limited information from criminal records may be granted, or 5 against the criminal proceedings according to the code of criminal procedure 1975 pending is legal on an officio to be pursued, with intent committed offence or 6 is a guide sheet for the."

28 paragraph 17 together with the heading:

"Rest and end the membership of the Disciplinary Committee

Section 17 (1) the membership of the disciplinary Commission rests 1 during criminal proceedings according to the code of criminal procedure 1975 concerning an officio to be pursued, committed with intent Court criminal act from the date of the legal force of an indictment or 2. by the time of the initiation of a disciplinary procedure until its demise in legally final or 3 during one, if only temporary, suspension or 4th during a decommissioning or 5 during a justified absence of more than three months or 6 during a service from abroad.

(2) the membership of the disciplinary Commission ends with 1 expiration of the duration of the order or 2 the dismissal by the Federal Minister of national defence and sports if the Member a) due to his health condition that can fulfill related tasks all the time no longer function or b) the obligations associated with its function has grossly infringed, or constantly neglected, or 3 the dismissal by the Federal Minister of national defence and sports with the written consent of the person concerned , provided that it is used in any pending disciplinary proceedings as a member of the Senate, or 4 leaving the presence status, or 5.

the legally binding judicial conviction for an officio to be pursued, committed with intent Court offence or 6 the final imposition of a disciplinary sanction or a fault saying without penalty."



29 § 18 para 1 is: "(1) the Senate of the disciplinary Commission (disciplinary Senate) have to consist of 1 the Chairman of the disciplinary Commission or one of his deputies as Senate Chairman and 2 other members of two."

Each Member of the Commission may belong to several Senates. One of the other members must belong to the Group of persons appointed by the Central Committee or by the Minister for national defence and sports according to § 16 para 3."

30. in § 18 para 2, 'the Commission in disciplinary proceedings' shall be replaced by the words "the Disciplinary Committee" and the following sentence is added:

"The business division is with the note that it was issued by the Chairman of the disciplinary Commission to be published publicly."

31 § 19 para 1 last sentence reads: "the disciplinary prosecutor and his active before the Federal Administrative Court Deputy must legally qualified be."

32. § 19 para 2 last sentence reads:

"He is entitled to appeal to the Federal Administrative Court, as well as against the findings and decisions of the Handelshof raise also appeal to the administrative court against decisions of the disciplinary Commission under this Federal Act."

33. paragraph 20:

"Secretary of the Federal Minister of national defence and sports from the district are § 20 (1) for the disciplinary Commission to order the marked staff in its field of competence in service. The order excludes people, which is a reason of exclusion for the appointment as the Member of the Commission according to § 16 para 4. With regard to the period of the order, section 16, paragraph 1, as regards the conditions for rest and ends the function of article 17 applies.

(2) for the care of firm shops of the disciplinary Commission and the thing needs the Federal Ministry for defence and sports has to come up."

34. Article 21 is attached the following conclusion: "Proceedings before the Federal Administrative Court regarding appeals against decisions on breaches of duty in proceedings according to Nos. 1 and 2 shall apply, unless expressly otherwise determined, as disciplinary proceedings under this Federal Act."

35. in article 23 Z 1 respectively is the phrase ' Commander and in Commission proceedings "by the phrase" Kommandanten-and in Commission proceedings ", the phrase"Right and ability to act"by the phrase"Right and ability to act", the citation"§ 14 para 1 to 4 and section 15"by the citation"§ 14 para 1 to 5 and § 15", the citation"articles 58 to 61, § 61a and section 62 (4)"citation"sections 58 to 61 and article 62, paragraph 4" , replace the reference to "section 73" by the citation "§ 73 para 1" and it eliminates the line "§ 63 para 2 to 4, article 64, paragraph 1, and section 65 (appeal),".

36. in article 25 "Disciplinary authority" is replaced in paragraph 1 the word "Disciplinary authorities" "Authorities" by the word "Authority", as well as in paragraph 2 by the word.

37. 2 the following sentence is added after the Z § 25 para 1:

"Commission proceedings against officers and other defendants in the case of the No. 2 is to connect, so an officer and a Sergeant have by way of derogation from § 18 paragraph 4 as more members of the Tribunal to act. § 18 para 1 last sentence about the affiliation to a certain group of people unaffected thereby."

38. in section 26 para 1 Z 4 be inserted after the word "Disciplinary authority" the words "and the Federal Administrative Court".

39. section 27 para 1 second sentence reads:

"In addition the disciplinary prosecutor is in party 1.
Commission procedures, 2. appeal proceedings before the Federal Administrative Court against decisions of the disciplinary Commission and 3. review proceedings before the administrative court against the findings of the Handelshof after Z 2.'

40th in the section 28, paragraph 1, the words ' the Commander - and Commission procedures"be inserted after the words"The accused can be".

41. § 28 para 1 No. 2 is: "2. a woman who has made military service or a conscript of the militia - or reserve level, each leading to a higher level of service as a recruit, or"



42. in article 28 paragraph 6, Z 2 are the words "strafgerichtliches procedure"

by the words "Criminal proceedings according to the code of criminal procedure 1975"

replaced.

43. in § 29 par. 2 Z 3, the words "the employer" shall be replaced by the words "the human body".

44. the heading to § 33 reads:

"Witnesses" 45. In § 33 par. 1 Z 1 and § 36 para 3 is the phrase "on and rising up"

by the phrase "ascending and descending"

replaced.

46. the section 33 be attached following paragraph 3 and 4:

"(3) upon request of a minor witness the attendance at the hearing is permitted a person of his confidence. The interrogation of a person not yet fourteen years is as far as it is their interest, anyway, to call in a person of their confidence. On these rights, it is to point out in the summons. Can be excluded as a reliable person who is suspected of participation in the breach of duty or involved in the procedure or may influence the witnesses for taking a free or full statement whose presence.

(4) the disciplinary authority may the opportunity to participate in the questioning of this witness limit so in the interest of the minor witness, that the parties and their representatives can, if necessary, follow the testimony of this witness using technical facilities for Word - and image transmission and exert their right to ask questions, without being present at the interview."

47. in section 34 para 2 subpara 1 lit. (a) is replaced the phrase "Disciplinary or criminal charges" by the phrase "Disciplinary or criminal charges".

48. the section 34 the following paragraph 6 is added:

"(6) section 3 Nos. 2 and 3, as well as the paras 4 and 5 apply to proceedings before the Federal Administrative Court and its decisions."

49. paragraph 35:

"35. (1) is an appeal against a disciplinary decision or file a complaint with the Federal Administrative Court to bring the party to the disciplinary authority, which has adopted the contested decision. An objection is in writing or orally, to make a complaint only in writing. The contribution period begins for any party in the case 1 the only oral issuing of the notice with pronouncement and 2 the written copy of oral notice or the written issue of a notice of the party were delivery.

(2) on the basis of an appeal raised exclusively by the accused person or on his behalf, no stricter punishment may be imposed as in the contested decision.

(3) in proceedings before the Federal Administrative Court against decisions by this federal law, the Federal Minister can enter for national defence and sports at any time at point of prosecuted authority. This does not apply in proceedings against decisions of the disciplinary Commission."

50 pursuant to § 36, the following § 36a and heading shall be inserted:

"Revision

§ 36a. Findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, to collect audit at the administrative court."

51. in the section 37, paragraph 1, 'Commission procedure' the words 'or in the proceedings before the Federal Administrative Court against a finding of the disciplinary Commission"be inserted after the word.

52. § 37 para 2 first sentence reads:

"Travel an accused person, which belongs to the armed forces on the basis of an employment contract, are due to a charge by a disciplinary authority or the Federal Administrative Court to handle such business trips."

53. paragraph 38:

"§ 38. "With the order 1 the Member of the disciplinary Commission or 2. the disciplinary prosecutor or his Deputy or 3rd Secretary of these organs to carry out all tasks that each incumbent upon them under this Federal Act are required."

54. paragraph 39 paragraph 4:

"(4) a procedure is the disciplinary Commission or the Federal Administrative Court already pending, so a provisional suspension is not permitted against the accused due to the breach of this procedure's underlying. In this case the disciplinary Commission has the conditions referred to in paragraph 1 anyway, immediately to have the suspension."

55. paragraph 39 paragraph 6:

"(6) the suspension ends at the latest with the setting or the final completion of the disciplinary procedure. The circumstances governing the suspension before are gone, and so is the suspension by the disciplinary Commission immediately to repeal."

56. in the section 40 para 1, the words "a Commission in disciplinary proceedings" by the words "the Disciplinary Committee" and the words "Commission of the disciplinary proceedings is pending," be replaced by the word "Disciplinary Commission".

57. in section 40 para 1 first sentence, the commas and the word sequence "except the child allowance" are eliminated.


58. in § 40 paragraph 2, the words "Commission in disciplinary proceedings, in which the procedure is pending," be replaced by the word "Commission".

59. in the section 40 (4), 2 the following sentence is inserted after Z:

"This also applies if no disciplinary proceeding was pending."

60th in § 41 para 2 subpara 1 "Prolog and a negotiating decision are not necessary" is the phrase

by "Introduction decision is not required"

replaced.

61. in paragraph 41, after paragraph 2, the following paragraph 2a is inserted:

"(2a) which can Senate Chairman by obtaining the consent of the other members of the Senate in the circulation path replace consultation and decision-making about the reduction or abolition of the reduction of the reference. Unanimity, as well as the existence of a justified decision proposal of the Chairman of the Senate is required for decisions in the circular resolution. The approval may be granted orally or by telephone, or in any other way technically possible. Without written consent is to capture in a file notation."

62. § 41 para 3 is replaced following paragraph 3 and 4:

"(3) appeals against the decision on 1 a provisional suspension, or 2. a suspension or 3 a reduction or abolition of the reduction of the reference have no suspensive effect." This also applies to template requests in before appeal against such decisions. Complaints, the Federal Administrative Court has as soon as possible, but no later than within six weeks of their submission to this Court to decide.

(4) in the cases of paragraph 3, the Federal Administrative Court at the request of the complainant has to grant the suspensive effect with decision, when the compelling public interests are opposed and after weighing up the contact with the public interests and the interests of the party with the implementation of the contested decision, a disproportionate disadvantage would be connected. Substantially change the conditions that were decisive for the decision on the suspensive effect, to on the request of a party."

63. in section 42 Z 1 are the lit. (a) to (c) by following lit. a and b are replaced: (a) the disciplinary supervisor by the unit commander and b) of the disciplinary Commission of the disciplinary supervisor.

64. in article 43 paragraph 1 the last sentence the words "first instance" are eliminated.

65. in § 46 para 2 and 4, the words "the first instance of" account for each.

66. § 49 para 1 second and third sentences are replaced by the following sentences:

"The extent of this spare money penalty is to determine from the disciplinary superior of the punished with notice. This decision requires no justification."

67. in § 49 para 2 and 3, the word "Disciplinary authority" is replaced by the word "Authority".

68th in § 49 para 5, the words "first instance" shall be replaced by the word "Disciplinary authority".

69. in § 51 para 2 and § 57 para. 3 the words "the first instance of" "by the disciplinary authority' are substituted with the words.

70. § 51 para 2 penultimate sentence is omitted.

71. paragraph 53 para 3:

"(3) with the legal force of a decision with the the misconduct of the inability to transport or the degradation was imposed about a soldier of the time, the person sentenced is released prematurely from this military service."

72. paragraph 54 para 1:

"(1) the employment of soldiers, which is due to a clearance during a disciplinary procedure ends, the service authority or the personnel agency of that soldiers at the request of the disciplinary prosecutor has to cause temporary withholding of the half clearance. The dismissal or the inability to transport or the degradation is matched according to the service authority or the personnel office and of the disciplinary prosecutor expected the service authority or the personnel office has to cause temporary withholding of full clearance."

73. paragraph 2 deleted § 54.

74. in § 54 para 3, the word "Disciplinary authority" is replaced by the word "Authority".

75. paragraph 55:

"55. (1) the army personnel office may grant a one-off financial contribution the innocent, dependent relatives of punished, has joined the army on the basis of an employment contract, which was legally punished by the disciplinary sanction of dismissal or the inability to transport or of degradation."

(2) this allowance should be granted only in the event of a claim on a clearance, extinct by the punishment if the necessary maintenance of this family is threatened by this void. The grant may be awarded, taking into consideration on the economic conditions of members only up to half of that amount, which would deserve the penalized at the time of the entry of the legal force of decisions in disciplinary proceedings as clearance.

(3) the deleted entitled to severance reappears later, the granted financial contribution is referred to in paragraph 1 on these cash benefits to be."

76. § 57 para 3 second sentence deleted.

77. § 57 par. 4 last sentence reads:

"For person sentenced who are not or no longer wehrpflichtig, this misconduct causes also the extinction of the right pursuant to section 6 para 2 WG 2001 to continue the recent service level."

78. paragraph 59:

"Section 59 (1) to decide on breaches of duty of soldiers are as disciplinary commander responsible 1 the unit commander for the issuing of disciplinary orders and 2. the disciplinary Chief for the issuing of disciplinary findings."

(2) to rule on violations of conscripts of the militia - and reserve level the disciplinary supervisor is responsible."

79. the heading to § 61 is as follows:

"Ordinary procedure"

80. paragraph 61 par. 1 and 2 are:

"(1) you are the accused to provide survey results. A hearing is carried out if deemed necessary or appropriate for the investigation of the facts of the case. The disciplinary authority may consult from their jurisdiction necessary assistants for such a negotiation. No oral proceedings take place, the investigation carried out in writing is so.

(2) the requirements for the abbreviated procedure are not available, the unit commander has the disciplinary supervisor to report. In this case has making the disciplinary procedure as the ordinary procedure or to repay 2. If a fine or dismissal or the inability to transport the degradation appears necessary when a soldier, who belongs to the armed forces on the basis of an employment contract, the disciplinary display. the disciplinary Chief 1."

81st in the article 61, paragraph 3, the words are first sentence "formless in the first instance, in the second instance by way of appeal decision" replaced with the words "informally by the disciplinary commanders".

82. the following paragraph 4 is added to § the 62:

"(4) the contents and the announcement of an orally taken by Disziplinarerkenntnisses is, if the proclamation at a hearing, to notarize concludes hearing Scripture, in other cases in a particular transcript."

83. paragraph 63 para 1:

"(1) unit commander responsible for the accused cannot adopt a disciplinary order in pending his disciplinary proceedings without investigation (abbreviated procedure)(, sofern 1. a) a suspect before a supervisor, which is at least unit commander, admitted a breach of duty or b) (is a breach of duty on the basis of a unique facts proved or c) a suspect legally was condemned because of Act structure underlying the breach of duty in the course of criminal proceedings or administrative penalty procedure penalised and 2 no stricter disciplinary sanction is required" "(als a) a curfew with soldiers who do the basic military service, or b) a fine in all other soldiers."

84. paragraph 64 together with the heading:

"Appeals against disciplinary findings

64. (1) is the time limit for appeal against disciplinary findings two weeks. The accused in that time like the disciplinary knowledge, belongs to the militia - or reserve status, so the appeal four weeks period.

(2) in the case of transfer of disciplinary powers according to § 14 para 1 No. 1 or 2 lit. c and d during the appeal period is the appeal which in these provisions to introduce each referred superiors.

(3) on complaints the Federal Administrative Court has as soon as possible, but no later than within six weeks of their submission to this Court to decide."

85. paragraph 65:

"Against a disciplinary order raise an objection section 65 (1) who may suspect. This requires no justification. The opposition period is one week. The accused in that time in which the disciplinary order is made, Member of the militia - or reserves, so the opposition two weeks period. The timely objection overrides the disciplinary order, however it does not terminating the proceeding. The disciplinary procedure is to continue of the disciplinary supervisor as due process of law and to complete.


(2) in a proceeding has the disciplinary authority to content disciplinary available beaten override unconstrained and also an other sentence must pronounce.

(3) in the case of transfer of disciplinary powers according to § 14 para 1 No. 1 or 2 lit. c and d during the opposition period is the appeal which in these provisions to introduce each referred superiors."

86. paragraph 66:

"§ 66. (1) the Federal Minister of national defence and sports has regardless of their legal force by virtue to repeal a disciplinary decision and to refer the disciplinary case to the disciplinary supervisor, if at their issue 1 the conditions are not located in article 63, paragraph 1, or 2. a stricter penalty as according to § 63 para 1 No. 2 was imposed.

This suspension is allowed within three years after joining the legal force of the decision.

(2) the Federal Minister for defence and sports has regardless of its legal force by virtue to repeal a disciplinary knowledge and to remit the disciplinary case to the disciplinary supervisor who has adopted the repealed disciplinary knowledge, when at its issuing 1 rules of procedure except eight were allowed, compliance, the disciplinary Chief could have come to a different decision, or 2. the Strafbefugnis was exceeded.

This suspension is allowed within three years after its enactment.

(3) the Federal Minister for defence and sports has to repeal a disciplinary order or a disciplinary knowledge by virtue and to remit the disciplinary thing about those disciplinary Commander, which has adopted the repealed decision if the provisions on the calculation of the penalty is grossly violated. This suspension is allowed, 1 if a complaint to the Federal Administrative Court was raised against disciplinary knowledge, until its final decision or 2. in all other cases during the period from the issue of the decision until three months after the occurrence of the force of law.

(4) the Federal Minister for defence and sports has the decision of a disciplinary Commander, a disciplinary hearing was set using the officio annul and to remit the disciplinary thing about those disciplinary Commander who has adopted this decision, if the conditions are not located above according to § 61 para 3 for the setting. This suspension is allowed this decision, or, 2. in the case of the informal setting during the period by terminating the proceeding three months 1st after entering the force of law, according to this decision.

According to the par. 1 to 4 has to have in any case. (5) a suspension"

87. in article 69 and article 74, paragraph 3, the word "negotiation decision" will be replaced by the word "Introduction decision".

88. paragraph 70 no. 2: "2. soldiers who are ordered to the Member of the disciplinary Commission or the disciplinary prosecutor or his Deputy or as specialized magistrates according to § 77, may the defence for the duration of this order not take."

89. § 71 paragraph 2 is replaced by following paragraph 2 to 2 c:

"(2) the facts after carrying out the necessary investigations sufficiently clarified, so the Senate 1 has an introduction decision to adopt or, unless there is a setting reason according to § 61 para 3, the procedure with a decision to set 2.

In the initiation decision, the accusation points in particular are to lead and to order the execution of an oral hearing.

(2a) which can Senate Chairman referred to in paragraph 2 by obtaining the consent of the other members of the Senate in the circulation path replace the advice and decision making about decisions. Unanimity, as well as the existence of a justified decision proposal of the Chairman of the Senate is required for decisions in the circular resolution. The approval may be granted orally or by telephone, or in any other way technically possible. Without written consent is to capture in a file notation.

(2B) the accused person is to communicate the composition of the Tribunal including the alternate members together with the introduction of decision. The accused has the right to refuse a member or alternate member of the Tribunal without giving reasons within one week after notification of this communication. The early rejection causes the exclusion of this member of the procedure.

(2 c) the parties may add evidence requests for oral proceedings introduction discontinuance. About the consideration of these proposals, the Senate Chairman has to decide. No separate appeal is allowed against this decision. Place and time of the hearing shall be determined by the Chairman of the Senate. He has to invite the parties, as well as the relevant witnesses and experts. The hearing is to set that to the parties a period of at least two weeks is between you and the service of the summons."

90. § 72 including the header is omitted.

91. 3 the following sentence is added to Z the section 74, paragraph 2:

"The Senate must consult necessary assistants to oral proceedings".

92. in section 74 paragraph 7 Nos. 3 and article 75, paragraph 2 is substituted the word 'negotiation ' decision with the word 'introduction ' decision.

92A. Article 75, paragraph 1 No. 1 is: "1. the incidents at the hearing and" 93. § 76 including the header is omitted.

94. paragraph 77 and heading:

"The participation of specialized magistrates

77. (1) the Federal Administrative Court by a Senate has to decide on complaints 1 against decisions of the disciplinary Commission according to § 71 para 2, 2 against one decision of the disciplinary Commission, which imposed the disciplinary sanction of dismissal or the inability of the transport and degradation or loss of all rights flowing from the employment and entitlements, and 3rd against one decision of the disciplinary Commission, if the Disciplinary Prosecutor lodged the complaint.

These complaints, the Federal Administrative Court has as soon as possible but no later than within six weeks in the case of the Nos. 2 and 3 within three months from the submission to this Court to decide.

(2) in the case of Senate decisions, consisting of a representative of the employer and the employee as professional lay magistrates have to participate.

(3) the representatives of the employer are nominated by the Federal Minister for defence and sports, and those of the employees of the Trade Union of public service. A nomination is done by the Union public service not on time, so the nomination is the Federal Minister of national defence and sports.

(4) as the competent magistrates pursuant to paragraph 3, only legally qualified civil servants from the area of responsibility of the Federal Minister may be nominated for national defence and sports, which lead an officer ranks. They must have sufficient knowledge and experience in the military disciplinary nature."

95. paragraph 78:

"§ 78. After the occurrence of the legal force of decisions in disciplinary proceedings is immediately to make the enforcement of disciplinary sanction. This initiative is whether those disciplinary authority has decided for the first time in the disciplinary proceedings."

96. in article 79 paragraph 1 and 2, the phrase "entitled to his salary in cash" accounts for each.

96A. In article 79 paragraph 1 the words "the loyalty bonus," accounts for Z 1

97. paragraph 79 section 4:

"(4) the Abstattung of cash benefits may be granted, taking into consideration the personal circumstances and the economic performance of the punished at the request or by virtue in not more than 36 monthly installments. The decision on the rates grant is possible in the decision in the disciplinary record. Otherwise, the army personnel office decides on the rates grant after this decision. A rates permit shall cease to be power, if the person sentenced with a default rate is. "

98. in the section 80, paragraph 1, the phrase is "defense or service code"

by the phrase "watch - or service code"

replaced.

99. section 82 and heading is eliminated.

100th § 83 para 2 subpara 2 lit. c is: "c) for time soldiers early release from the military and" 101. Article 84 is:

"Section 84 (1) of the breach of the duty of all soldiers is to decide in the Commander. § 13 para 4 regarding transfer of the area of responsibility of a disciplinary superior is to apply subject to the proviso that such transfer because of aggravating reasons caused by the specific circumstances of the use is allowed.

(2) of the rules of procedure may be derogated from insofar as possible compliance as a result of the particular circumstances of the respective insert not without compromising the purpose of the use is 1 and 2 is an immediate disciplinary sanctions in order to maintain the discipline.

Is the defendant to provide at least once before imposition of a disciplinary sanction, to comment on the allegations against him.

(3) the defence of the accused is allowed during a mission by a soldier.


(4) the obligation shall not apply after section 22 to the communication of disciplinary measures to the soldier representative or to the institution of the Staff Committee.

(5) during a mission is to apply 42 about the suspension of soldiers in the military service to all soldiers with the proviso that Z 5 over the early release does not apply."

102. in the section 85, paragraph 3 last sentence the words are "in the instance of the competent disciplinary authority" is replaced by the words "competent authority".

103. § 85 para 5 to 7 are:

"(5) one was during a 1 against the penalized only in use permissible misconduct or 2. the misconduct of the inability to transport or of degradation against a soldier who is a member of the armed forces on the basis of an employment relationship, of a disciplinary authority legally imposed, this decision at the request of the punished is so after the bit to check. This review is whether the disciplinary supervisor of the punished or have at soldiers, who belong to the armed forces on the basis of an employment contract or is a member of the disciplinary Commission. The jurisdiction is determined according to the date of submission.

(6) the request for review is after para 5 to submit within four weeks after the use of disciplinary authority to make the decision. The process is making the Commander procedure according to the provisions of the ordinary procedure or, if the disciplinary Commission has to decide, after those proceedings before the disciplinary Commission. In these cases, a decision of introduction is not required. If the application is not late to reject, the disciplinary authority 1 has the review request as unfounded dismiss or 2. the legally imposed disciplinary sanction the outside use of applicable provisions to amend or repeal.

The imposition of the disciplinary sanction of dismissal or the inability to transport or of degradation is allowed but only if one of these penalties has been imposed during the use. The decision has to be issued in writing in any case.

(7) review request is rejected after paragraph 5 not unfounded, are the consequences of punishment, especially from a partial or full enforcement, to make up for. "As far as this is not possible, the person sentenced is entitled to compensation under the criminal compensation law 2005 (Web 2005), Federal Law Gazette I no. 125/2004."

104. in the section 85, paragraph 9, the words "an appeal decision" be replaced by the words "a decision by the Federal Administrative Court".

105. the following sentence is added to the section 85, paragraph 11:

"During a mission with respect to a soldier who joined the army on the basis of an employment contract, the provisional suspension decreed, the procedure regarding the suspension by the disciplinary Commission is after phasing perform."

106. in § 88 par. 3, the words "or loyalty reward" are eliminated.

107. paragraph 88 par. 6:

"(6) is final about a professional soldier of the retirement a fine imposed, shall be unless he only resigned after the decision of the disciplinary Commission from the service level, to attract remuneration as a base to place the rest covers according to § 51 para 2 and 3."

108. in paragraph 92, after para 6 d of 6e the following paragraph is inserted:

"(6e) the table of contents, § 1 para 1, § 2 para 1 to 3, article 3, paragraph 1 and 4, § 4, § 5 par. 3 to 5, article 7, paragraph 1, 2, 4, 4a and 5, article 8, paragraph 1 and 2, article 9, together with heading, § 11, § 13 para 2 and 4, article 14, paragraph 1, article 15 together with heading, article 16, article 17, together with headline, article 18, paragraph 1 and 2, article 19, paragraph 1 and 2" , Article 20, § 21, article 23, section 24 para 2, § 25 para 1, § 26 para 1, § 27 para 1, § 28 para. 1 and 6, § 29 par. 2, the heading to § 33, article 33, paragraph 1, 3 and 4, section 34 para 2 and 6, § 35, § 36 para 3, § 36a including heading, § 37 para. 1 and 2, § 38, § 39 para 4 and 6, section 40 para 1, 2 and 4 , § 41 para 2, 2a, 3 and 4, § 42, article 43, paragraph 1, § 46 para 2 and 4, article 49, paragraph 1, 2, 3 and 5, § 51 para 2 and 4, article 53, par. 3, article 54, paragraph 1 and 3, § 55, § 56 para 1, § 57 para. 3 and 4, section 58, § 59, § 60 paragraph 2, the heading to § 61, § 61 para 1 to 3, article 62, paragraph 1 and 4 , § 63 para 1 and 3, § 64 including the heading, § 65, section 66, § 69, article 70, § 71 paragraph 2 to 2c, section 74, paragraph 2, 3 and 7, article 75, paragraph 1 and 2, § 77 includes the heading, article 78, article 79, paragraph 1, 2 and 4, article 80, paragraph 1, § 83 para 2, § 84, § 85 para 3, 5 to 7, 9 and 11, article 88, para. 3, 4 and 6, § 93 § 94 ", each as amended by Federal Law Gazette I no. 181/2013, with 1 January 2014 into force."

108a. § 92 para 7 and 8 are:

"(7) at the end of December 31, 2006 § 93 par. 1 and 2 in the version applicable up to that time override occurs.

(8) at the end of August 31, 2009. § 93 par. 3 in the version applicable up to that time override is"

109. the following paragraph 9 is added to § the 92:

"(9) at the end of 31 December 2013 § 54 paragraph 2 as well as the sections 72, 76 and 82, each including the heading, except power kick."

110. paragraph 93:

"Article 93 (1) is a decision adopted in a Commission proceeding until the expiry of the 31 December 2013 according to § 71 para 2 as amended by force until the expiry of the 31 December 2013 and was at that time still no negotiation decision adopted in accordance with § 72 in force until the expiry of the 31 December 2013 amended this procedure, so the disciplinary Commission has a new decision in this procedure according to § 71 para 2 as amended from 1 January 2014 to enact. In this case, the new decision on the site of the old decision occurs.

(2) has been adopted in accordance with § 72 in force until the expiry of the 31 December 2013 amended a negotiating decision, so this decision from 1 January 2014 considered decision according to § 71 para 2 as amended from 1 January 2014."

111. in paragraph 94 after Z 1 following Z 1a inserted: '1a.
"in terms of the provisions of the Federal of Chancellor and" article 3

Amendment to the army charges Act 2001

The army charges Act 2001 (HGG 2001), Federal Law Gazette I no. 31, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents is the entry for section 16:

"§ 16 care" 2. The entries to the 1st section of the 7 main piece, as well as to the sections 45 to 49a accounts for in the table of contents.

3. in the table of contents, the entry to article 51 reads:

"§ 51. powers and procedural provisions of special" 4. In the § 1, paragraph 1, the word "is" is eliminated.

5. § 2 para 2 No. 6 is eliminated.

6. in the section 7, paragraph 1 and article 15, paragraph 4 the citation "§ 7 para 5" is substituted with the citation "§ 7 paragraph 3".

7. in article 11, para. 3, article 35, para. 3, § 41 para 1, § 44 par. 2 and § 54 paragraph 5, the words "inland" accounts for each.

7A. the following paragraph 5 is added to article 12:

"(5) persons who undergo administrative scrutiny of their suitability for military service are entitled to free of charge facilities with the necessary for this test items to the clothing and for their other personal requirements in accordance with military interests. These items go after assessing their property."

8 § 15 para 1 second sentence reads:

"This reimbursement of expenses for the accommodation must not exceed 1955 the extent of the accommodation fee No. 2 of the travel fees regulation according to § 13 ABS. 1."

9 § 16 and heading is as follows:

"Care facilities

Premises for the stay of the claimant are section 16 (1) in military areas in accordance with the local and organizational conditions and military requirements during their free time (childcare facilities) to set up. This may include also the gratuitous provision of facilities for the pursuit of sport, to the use of information technology and for other recreational activities in the military interest. There is also a commensurate with this purpose range of goods for personal needs, in particular food and beverage, toiletries and stationery, to provide the paid tax on the beneficiaries. The charge for the goods may be measured only in the amount needed to cover the cost of purchasing. The revenue from the sale of the offered goods are earmarked to defraying the expenses directly related to use.

"(2) the use of childcare facilities is also permitted other than the beneficiary 1 other soldiers, 2. within the area of responsibility of the Federal Ministry for defence and sports daily service staff, 3 people outside a military service at an activity as an organ of the Federal Government in enforcement of military affairs after the 5th and 6th section of the 2nd main piece of the military service Act 2001 and 4 other persons staying for business reasons, or with the permission of the competent Commander in the field."

10 § 18 par. 6 No. 2 is: "2.

other daily service within the jurisdiction of the Federal Ministry for defence and sports servants,"11. The quote "section 18" by the quote "§ 18 para 1 to 5" will be replaced in § 19 para 5.

12 paragraph 23 para 3:

"(3) effectiveness of Convocation for this main piece is 1 the first issuing of the draft statement, or 2. the proclamation of a general notice of Convocation to the respective military service according to paragraph 1."

13 in section 24 para 2 and 3, and article 33, paragraph 2, the word "Authority" is replaced by the word "Authority".

14 section 24 paragraph 4 replaces the reference to "section 3 para 3" by the reference to "article 3, par. 3 and 4".

15 the following paragraph 5 is added to § the 30:

"(5) on family maintenance and partner maintenance claims Nos. 2 and 3 for each marriage or registered partnership, as well as for each person according to § 25 para 1 only once. Applications for multiple beneficiaries 1 on granting of family maintenance or partner support for the spouse or partner who is even eligible, or 2. on granting of family support for same person placed the claimant, the respective claim to only the claimant, who has tabled the amendment first. Claim is based only in that amount, which exceeds the amount of the claim for family maintenance or partner maintenance of the first beneficiaries are entitled to the other claimant in these cases."

16 in § 32 para 2 first sentence is the phrase "income the monthly" by the phrase "income monthly the" replaced.

17 in § 33 paragraph 3 and in article 43 paragraph 6 the word "Appeals" respectively replaced by the word "Complaints", and each following sentence added:

"This also applies to template requests in before appeal against such decisions."

18 in the main piece of 7 eliminates the 1 section including the sections 45 and 49a, as well as the respective headings.

19 paragraph 50:

"article 50. Who contravenes article 34, paragraph 1, first sentence, or obligations set out in the section 43 para. 5 in the § 33 par. 4, or in the cases of article 33, article 34, paragraph 1, or of article 43 makes untrue or incomplete information, unless this Act is not a legally punishable offence, commits an administrative offence and is hiefür by the district administrative authority, in relation to a municipality, for which the National Police Directorate at the same time is security authority of first instance ", by the National Police Directorate with fine up to 700 euros to punish."

19A. the heading to article 51 reads:

"Competence and procedural provisions of special"

20 paragraph 51 paragraph 1:

"(1) the competence to the issuing of notices under this Federal Act lies, unless expressly otherwise determined, the army personnel office."

21. the article 51 be added following paragraph 3 to 5:

"(3) in proceedings before the Federal Administrative Court against decisions under this Federal Act, can enter for national defence and sports at any time at point the authority sued the Federal Minister.

(4) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, at the administrative court to review.

(5) in the cases of § 33 par. 3 and 43, paragraph 6 has the suspensive effect with decision to recognize the Federal Administrative Court at the request of the complainant if the compelling public interests are opposed and after weighing up the contact with the public interests and the interests of the party with the implementation of the contested decision, a disproportionate disadvantage would be connected. Substantially change the conditions that were decisive for the decision on the suspensive effect, to on the request of a party."

22. in section 60 m be inserted after para. 2 2n following paragraph until 2 p:

"(2n) § 25 para. 2 and 3, each as amended by Federal Law Gazette I no. 135/2009, are with 31 December 2009 entered into force.

(2o) I no. 181/2013, apply the contents concerning the entry to article 16, § 12 section 5 and section 16 including heading, each as amended by Federal Law Gazette with October 1, 2013.

(2 p) the contents regarding the entries to the 1st section of the 7 main piece, as well as to the sections 45 and 49a to § 51, § 1 para 1, article 7, paragraph 1, article 11 par. 3, article 15, paragraph 1 and 4, § 18 sec. 6, § 19 para 5, § 23 para 3, § 24 para 2 to 4, § 30 para 5, § 32 para 2, § 33 para 2 and 3, article 35, para. 3 ", § 41 para 1, § 43 para. 6, § 44 para 2, § 50, that I contact no. 181/2013, heading to § 51, § 51 para 1 and 3 to 5, § 54 para 5, § 61 para 17 § 62, each as amended by Federal Law Gazette with 1 January 2014 into force."

23. in paragraph 60, according to § 4e 4f the following paragraph is inserted:

"(4f) with expiry of the 31 December 2013 are § 2 para 2 No. 6, the 1st phase of the 7 main section including the §§ 45-49a, each complete with headings, as well as article 61, paragraph 1, 2 and 16 out of power."

24 § 61 eliminates para 1, 2 and 16.

25 17 the following paragraph is added to § the 61:

"(17) on former soldiers of time with a period of at least one year are § 45 ABS. 5 about the refund in force until the expiry of the 31 December 2013 amended and article 55 about excess pleasures continue to apply."

26. in paragraph 62, 5 is the final word in Z replaces "and" with a comma and following paragraph 5a is inserted: '5a.
"in terms of the provisions of the Federal of Chancellor and" article 4

Amendment to the international usage Act 2001

The foreign usage Act 2001 (AuslEG 2001), Federal Law Gazette I no. 55, last amended by Federal Law Gazette I no. 105/2011, is amended as follows:

1. in the table of contents is the entry for section 7:

"§ 7 responsibilities and procedural provisions of special" 1a. In § 2 par. 2 No. 2 is "comparable" the Word replaces the word "suitable".

2. in the section 5, paragraph 4, the phrase "inland" is eliminated.

3. § 6 Z 1 second to fourth sentence deleted.

3A. the heading to § 7 is as follows:

"Competence and procedural provisions of special"

4. paragraph 7 subsection 1:

'(1) the jurisdiction to the issuing of notices is whether the army personnel office under this federal law, as well as to the military service Act 2001 and the army charges Act 2001, in connection with the foreign presence service usage,'.

5. § 7 be attached following paragraph 3 and 4:

"(3) in proceedings before the Federal Administrative Court against decisions under this Federal Act, can enter for national defence and sports at any time at point the authority sued the Federal Minister.

(4) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, to collect review in the administrative court."

6. in article 11, h be inserted after paragraph 2 following paragraph 2i and 2j:

"(2) the table of contents, section 6a of the heading and section 12 para 8, each as amended by Federal Law Gazette I no. 105/2011, are with November 22, 2011 entered into force.

"(2j) § 2 para 2, § 5 para 4, § 6, which I no. 181/2013, contact heading to § 7 and § 7 para 1, 3 and 4, each as amended by Federal Law Gazette 1 January 2014 into force."

7. in article 11, 4 b the following paragraph 4 c is inserted after paragraph:

"(4C) § 12 para 1 to 3 occurs at the end of 31 December 2013 override."

8 (1) to 3 eliminates § 12.

Article 5

Amendment to the military Authorization Act

The military Authorization Act (MBG), Federal Law Gazette I no. 86/2000, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents is the entry to article 55.

2. in the table of contents is the entry to article 56:

"§ 56. competences and procedural provisions of special" 3. In § 11 par. 2 and 5, the word "Authority" is replaced by the word "Authority" each and accounts for each the words "in the first instance".

4. in § 22 para 3 to 5 2, before the word "Attacks" is inserted each in the Z each the word "intentional".

5. § 23 para 2 No. 4 is: "4. in addition any deliberate attack against military legal interests to the detriment of the military security."

6 paragraph 2 deleted § 31.

7. in § 31 para 3 the words be replaced "The authorities may according to paragraphs 1 and 2" "May the military command" by the words.

8. in the section 32, paragraph 1, the words be replaced "Natural and legal persons and partnerships of the commercial law" by the words "Natural or legal persons, partnerships and other entities".

9 § 35 par. 3 and 4 are:

"(3) complaints against an administrative decision by performance or enforcement order have no suspensive effect. This also applies to template requests in before appeal against such decisions.


(4) in the cases of paragraph 3, the Federal Administrative Court at the request of the complainant has to grant the suspensive effect with decision, when the compelling public interests are opposed and after weighing up the contact with the public interests and the interests of the party with the implementation of the contested decision, a disproportionate disadvantage would be connected. Substantially change the conditions that were decisive for the decision on the suspensive effect, to on the request of a party."

10 paragraph 2 deleted § 49.

11 paragraph 54:

"54. (1) the Federal Administrative Court recognizes under article 130 § 1 Z 2 B-VG on complaints by persons claiming through the exercise of immediate, according to the provisions of this federal law of exercised command and coercive power in their rights violated to have been."

(2) also recognizes the Federal Administrative Court on appeals by persons who claim otherwise by the care tasks the military national defence their rights to be violated if this injury not in the form of the decision has been made. This possibility does not exist for persons who WG 2001 may raise a complaint in such a matter to the parliamentary army Commission pursuant to section 4.

(3) complaints referred to in paragraph 1, which are directed against a deprivation of personal liberty based on the Federal law, can be introduced during the duration of the detention of implementing military services this measure. This agency has to transfer the complaint to the Federal Administrative Court immediately.

(4) the data protection Inspectorate decides on complaints of violation of rights by a use contrary to the provisions of this Federal Act.

(5) the exercise of powers under this Federal Act is attributable to the Federal Minister of defence and Sport concerning a procedure for the review of its legality."

12 § 55 together with the header is omitted.

13 § 56 and heading is as follows:

"Competence and procedural provisions of special

Section 56 (1) in proceedings before the Federal Administrative Court against decisions under this Federal Act can enter the Federal Minister for defence and sports at any time at point of prosecuted authority.

(2) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, to collect review in the administrative court."

14 paragraph 57 paragraph 6:

"(6) the right protection officer perceives that through the use of data, rights of those affected have been injured, which has no knowledge of the use of this data, he is entitled to inform the person concerned 1 or to raise a complaint 2. § 54 para 4 of the data protection authority.

A complaint is allowed only if the knowledge of the person concerned to the existence or content of the record would jeopardize securing the operational readiness of the armed forces or the interests of comprehensive national defence or significantly impede and therefore information is not possible after no. 1 after no. 2. In a proceeding before the data protection authority in accordance with no. 2 DSG is on section 26 para 2 2000 on the restriction of the right to information to be taken into account."

15 in § 58 paragraph 3 the words 'in the first instance"accounts for the word"incumbent".

16. in paragraph 61, k is inserted after para 1j 1 the following paragraph:

"(1k) the table of contents, § 11 para. 2 and 5, § 22 para 3 to 5, § 23 para 2, § 31 para 3, § 32 para 1, article 35, para. 3 and 4, § 54, § 56 and heading, § 57 para 6 and § 58 paragraph 3, each as amended by Federal Law Gazette I no. 181/2013, with 1 January 2014 into force."

17 in § 61, c 3d the following paragraph is inserted after paragraph 3:

"(3d) kick § 31 para 2, § 49 para 2 and § 55 together with the heading at the end of 31 December 2013 override."

18. in section 63 Z 2 is the word 'and' replaced by a comma and added following Z 2a: '2a.
"in terms of the provisions of the Federal of Chancellor and" article 6

Amendment of the restricted Act 2002

The restricted Act 2002 (SperrGG 2002), Federal Law Gazette I no. 38, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in section 1 para 1 No. 1 is lit. b following lit. c is inserted: "c) as a military area, as long as it is connected to the stay in the area with danger to the life or health of persons, or" 2 In section 3 para 2 No. 2 accounts for the words "in accordance with the tax administration organization act - AVOG, Federal Law Gazette No. 18 / 1975".

3. in article 3, they be replaced para. 4 and 5 by following paragraph 4 to 6:

"As persons referred to in paragraph 2 the entering or driving on an area or any part of thereof may be allowed (4) other by obtaining the consent of the relevant military departments in accordance with military considerations important, in particular personal or economic reasons. This permission can be temporary or military considerations or for reasons of security or while entering or navigating connected with an invitation to certain behavior. When a breach this limit or behavior prompt or if there is a major military interest, the permission may be revoked at any time.

(5) at the request of the person concerned or the permission for entering or driving, including any imposed time limitations or behavior prompts or its revocation decision to determine, if necessary from military interests, of its own motion.

(6) military service responsible is no. 1 according to the par. 3 and 4 1 for a territory pursuant to section 1 para 1. a commander of the training area, 2 for a territory pursuant to section 1 para 1 subpara 1 lit. (b) the Commander or Director of the military system, 3 for a territory pursuant to section 1 para 1 subpara 1 lit. "c that, entirely or predominantly located is military command the area within its jurisdiction, and 4th for a territory pursuant to section 1 para 1 No. 2 command of the Executive Force."

4. in the section 4, paragraph 2 2 accounts for Z the words "in accordance with the provisions of the AVOG".

5. § 4 section 3 is replaced following paragraph 3 and 4:

"The photography, films, as well as a graphic representation of an area or part of such must be allowed (3) other persons referred to in paragraph 2 by obtaining the consent of the relevant military departments according to § 3 par. 6. This permission may be limited or military considerations or for reasons of security or during the photographing or filming or the graphic representation associated with the call for certain behavior. When a breach this limit or behavior prompt or if there is a major military interest, the permission may be revoked at any time.

"(4) at the request of the person concerned or, if necessary from military interests, of its own motion the admittance to an activity is according to paragraph 3 including any imposed time limitations or behavior prompts or its revocation decision to determine."

6 paragraph 5 paragraph 1:

"Section 5 (1) unauthorized photographed who illegally enters a restricted area 1 or enters, or 2. a restricted area or part of thereof or a military installation located in a restricted area or films or painting represents or 3rd against one with a permission according to § 3 para 4 or § 4 para 3-connected fixed term or behavior prompts, commits an administrative offence and is by the district administrative authority , in the territory of a municipality, for which the National Police Directorate is also a security authority of first instance, by the National Police Directorate with fine up to 2 200 euro or to punish with imprisonment up to six weeks. Outweigh aggravating circumstances, so money and prison sentences next to each other to impose."

7 paragraph 6a:

'Article 6a. (1) the jurisdiction to the issuing of notices under this Federal Act is whether the military command, in whose territory the restricted area is located entirely or predominantly.

(2) in proceedings before the Federal Administrative Court against decisions by this federal law, the Federal Minister can enter for national defence and sports at any time at point of prosecuted authority.

(3) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, to collect review in the administrative court."

8 the following paragraph 6 is added after paragraph 5 § 7:

"(6) I will take no. 181/2013, § 1 para 1, § 3 para 2 and 4 to 6, § 4 paragraph 2 to 4, article 5, paragraph 1 and § 6a, in the version of Federal Law Gazette 1 January 2014 effect."

Article 7

Amendment of the munitions Act 2003

The munitions Act 2003 (MunLG 2003), Federal Law Gazette I no. 9, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents is the entry for section 16:

"Section 16 powers and procedural provisions of special"

1a. In § 9 para 4 and § 10 paragraph 3 the word "Authority" is replaced by the word "Authority".

2A. the heading to § 16 is:

"Competence and procedural provisions of special"

3. paragraph 16:

"Section 16 (1) the competence to the issuing of notices under this Federal Act lies, unless expressly otherwise determined, the military command, in whose territory the ammunition depot is located entirely or predominantly.

(2) in proceedings before the Federal Administrative Court against decisions by this federal law, the Federal Minister can enter for national defence and sports at any time at point of prosecuted authority.

(3) against the findings and decisions of the Handelshof on appeals against decisions under the subject Federal Act entitled to also the Federal Minister of national defence and sports, to collect review in the administrative court."

4. the following paragraph 6 is added after paragraph 5 § 18:

"(6) I will take no. 181/2013, § 9 para 4, § 10 para 3, § 15, § 16 together with heading and section 20, in the version of Federal Law Gazette 1 January 2014 effect."

5. paragraph 20:

"article 20. "With the completion of this Federal Act involved: 1 as regards the to be applied by the courts of general jurisdiction provisions of the Federal Minister of Justice and 2. with regard to the other provisions of the Federal Minister of national defence and sports."

Article 8

Amendment of the military award Act 2002

The military award Act 2002 (May 2002), Federal Law Gazette I no. 168, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1 the following paragraph 4 is added to § the 10:

"(4) a multiple ceremony a military service medal is not allowed."

2. § 18 4e the following paragraph is added:

(4e) § 10 section 4 in the version of Federal Law Gazette I is no. 181/2013 with 1 January 2014 into force.

Article 9

Modification of the force stay law

The force stay law (TrAufG), Federal Law Gazette I no. 57/2001, as last amended by Federal Law Gazette I no. 85/2009, is amended as follows:

Article 3 reads:

"§ 3 (1) as far as in Convention pursuant to section 4 non else is provided, on the stay of troops and material carried by these do not apply: 1 the Fremdenpolizeigesetz 2005 (FPG), Federal Law Gazette I no. 100, 2. the border control Act (GrekoG), Federal Law Gazette No. 435/1996, 3. the Registration Act 1991 (MeldeG), BGBl. No. 9 / 1992, 4. the Explosives Act 2010 (SprG), Federal Law Gazette I no. 121/2009" , 5. the Fireworks Act 2010 (PyroTG 2010), Federal Law Gazette I no. 131/2009, 6 Act 2011 (AußWG 2011), Federal Law Gazette I no. 26, 7 the Weapons Act 1996 (WaffG), Federal Law Gazette I no. 12/1997, and 8 the war material Act (CMM), Federal Law Gazette No. 540/1977.

(2) Kraftfahrrechtliche are only to the extent applicable, rules concerning the approval of motor vehicles and technical provisions relating to the prohibition of cargo vehicles apply to vehicles of the armed forces."

Article 10

Expiry of legislation

Following legislation be overridden: 1 Ordinance of the Federal Minister for national defence of 9 December 1986 about the Declaration of the army - land and forestry management Allentsteig operation-like Setup, BGBl. No. 720/1986.

2. the flexible regulation Heeresforstverwaltung Allentsteig, Federal Law Gazette II No. 441/2005, as amended by regulation, Federal Law Gazette II No. 477/2008.

3. the flexible regulation army printing company, Federal Law Gazette II No. 446/2006, as amended by regulation, Federal Law Gazette II No. 404/2009.

4. flexible regulation army non-commissioned officer Academy, Federal Law Gazette II No. 370/2007, as amended by regulation, Federal Law Gazette II No. 435/2010.

5. the flexible regulation residences and seminar centres of the Federal Army, Federal Law Gazette II No. 447/2009.

Fischer

Faymann