Verwaltungsgerichtsbarkeits Adjustment Act-Inner-Vwganpg Home Affairs

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz-Inneres – VwGAnpG-Inneres

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_161/BGBLA_2013_I_161.html

161. Federal law, with the General Administrative Procedure Act 1991, the Federal community supervision Act, the Federal Foundation and Fund Act 1986 be modified EU - police cooperation law, the war material act, the aviation security law 2011, the Registration Act of 1991, the change of name Act, the Passport Act 1992, the civil status law in 2013, the Police Authority Act, police cooperation law, the pyrotechnics Act 2010, the Security Police Act, the Explosives Act of 2010, State border law, the criminal records Act 1968, the 2002 law on associations, the Assembly Act 1953, the Weapons Act of 1996, the coat of arms Act and the civil service law (Verwaltungsgerichtsbarkeits adjustment Act-inside-inside of the VwGAnpG)

The National Council has decided:

Table of contents



Art.



Subject / title



1



Change of the General administrative procedures Act 1991



2



Amendment to the Federal community supervision Act



3



Amendment of the Federal Foundation and Fund Act



4



Change of the EU - police cooperation Act



5



Change of the war material act



6



Amendment to the aviation security law 2011



7



Amendment of the Registration Act of 1991



8



Change of the change of name Act



9



Amendment of the Passport Act 1992



10



Amendment of the civil status act 2013



11



Amendment of the police power compensation act



12



Amendment of the police cooperation Act



13



Amendment of the pyrotechnics Act 2010



14



Amendment of the Security Police Act



15



Amend the Explosives Act of 2010



16



Change of the State border law



17



Amendment of the criminal records Act 1968



18



Amendment of the 2002 Association Act



19



Amendment of the Assembly Act 1953



20



Amendment of the Firearms Act 1996



21



Modification of the coat of arms Act



22



Amendment to the Civil Service Act 1986 article 1

Change of the General administrative procedures Act 1991

The General Administrative Procedure Act 1991 - AVG, Federal Law Gazette No. 51/1991, as last amended by Federal Law Gazette I no. 100/2011, is amended as follows:

1 § 53a para 1 first sentence is replaced by the following sentences:

"Not officially appointed experts are entitled to fees that are to be set by regulation of the Federal Government in lump sums (according to tariffs) for their activities in the proceeding. Insofar as no such lump sum amounts (rates) are set, are GebAG on the scope of the fee the §§ 24 to 37, 43 to 49 and 51 of the fees entitlement Act - Federal Law Gazette apply by analogy to no. 136/1975,."

2. paragraph 53b:

"article 53 b. code interpreters have for their activities in the proceeding entitled to fees that are to be set by regulation of the Federal Government in lump sums (according to tariffs)." Insofar as no such lump sum amounts (rates) are set, are on the amount of the fee the §§ 24 to 34, 36 and 37 para. 2 of the fees entitlement Act - GebAG, BGBl. No. 136/1975 with the in article 53, paragraph 1 features referred to in GebAG and section 54 GebAG apply accordingly. Under non-official interpreters within the meaning of this Federal Act, the non-official translators are to understand. § 53a para 1 is the last sentence and paragraph 2 to 4 apply accordingly."

3. § 82 21 the following paragraph is added:

"(21) § 53a para 1 and article 53(b), as amended by Federal Law Gazette I no. 161/2013 at the end of the month of the announcement of this federal law into force."

Article 2

Amendment to the Federal community supervision Act

The Federal community supervision Act, Federal Law Gazette No. 123/1967, is amended as follows:

1. in article 1, paragraph 1, the phrase "of the judge act as amended by 1929" by the phrase is "the Federal Constitution Act (B-VG), BGBl. No. 1 / 1930" replaced.

2. in article 1, paragraph 3, the phrase "of the Federal Constitution Act amended by 1929; is B-VG."replaced by the quote"B-VG".

3. in section 1, para. 5, § 2 para 2, § 11 para. 2, article 12, paragraph 5, the quote "B VG." is replaced by the quote "B-VG".

4. in article 1, paragraph 5 the phrase is eliminated "and article 102 paragraph 7".

5. in article 2, paragraph 3, the quote "sections 5 and 7" the quote "articles 5 and 6" shall be replaced.

6 section 7 is eliminated.

7 paragraph 8 section 1:

"Can a final decision of a Community institution § 8 (1) by the supervision authority only for the reasons of § 68 para 3 and 4 of the General administrative procedures Act 1991 - No. 51/1991, are repealed AVG, BGBl.."

8. in section 8, paragraph 2, the phrase is "lit. a of the General Administrative Procedure Act 1950 "by the phrase" Z 1 AVG "replaced.

9 in article 12, paragraphs 1 and 4, is the phrase in paragraph 2 "General Administrative Procedure Act 1950" by the quote "AVG" and the phrase "1950, BGBl. No. 172" by the phrase "1991 - German insurance contract law, BGBl. No. 53/1991" and in paragraph 3 the phrase "paragraphs 7 and 8" by the quote "section 8" and in paragraph 5 the phrase "before the Administrative Court (articles 131 and 132 b-VG.)" and before the Constitutional Court (article 144 b VG.) Complaint to lead"by the phrase" complaint to the Administrative Court (article 130 B-VG), revision to the Administrative Court (article 133 B-VG) and appeal at the Constitutional Court (article 144 B-VG) to raise "replaced.

10. in article 13, the last sentence is omitted.

11. According to section 14, 15 the following paragraph shall be inserted:

"Section 15 § 1 ABS. 1, 3 and 5, § 2 para 2, § 8 para 2, § 11 para. 2 and § 12 para 2 as amended by Federal Law Gazette I no. 161/2013 at the end of the month of the announcement of this federal law into force." I will take no. 161/2013 article 2 par. 3, article 8, paragraph 1, article 12, para. 3 and 5 and article 13 as amended by Federal Law Gazette 1 January 2014 effect; at the same time are § 7 and 12 par. 1 and 4 override. §"

Article 3

Amendment of the Federal Foundation and Fund Act

The Federal Foundation and Fund Act, Federal Law Gazette No. 11/1975, as last amended by Federal Law Gazette I no. 137/2011, is amended as follows:

1. in the headings to sections 12 and 30 the word is inserted before the word "Courts" and in paragraphs 12 and 30 before the word "Judicial" each "ordinary".

2. in section 39 does not apply in paragraph 1 the phrase "first instance" and does not apply paragraph 3.

The following paragraph 5 is added to § 3. 44:

"I no. 161/2013 contact (5) the headings to sections 12 and 30, §§ 12, 30 and 39 para 1 as amended by Federal Law Gazette 1 January 2014 into force."

Article 4

Change of the EU - police cooperation Act

The EU police cooperation legislation - EU-PolKG, Federal Law Gazette I no. 132/2009, as last amended by Federal Law Gazette I no. 105/2010, is amended as follows:

1. in the table of contents the word is inserted in the entry for section 38 before the word "Trial" "ordinary".

2. in paragraphs 14 and 26 the word "Privacy Commission" is substituted with the word 'Data protection authority'.

3. in article 25, paragraph 1, article 35, paragraph 1 and 4 No. 2 and § 38 paragraph 1 is inserted each the word "ordinary" before the word "Courts".

4. in article 33, paragraph 6 the word is inserted before the word "Courts" "ordinary".

5. in article 35, paragraph 6 the word is inserted before the word "Court" "ordinary".

6. in the heading to § 38 the word is inserted before the word "Trial" "ordinary".

7. in article 38, paragraph 1 Z 2 is inserted the phrase "a proper" before the word "Court".

8 the following paragraph 3 is added to § the 46:

"(3) § 14, § 25 para 1, § 26, § 33 paragraph 6, article 35, paragraph 1, paragraph 4 Nos. 2 and 6, the heading to § 38, article 38, paragraph 1, as well as the entry in the table of contents for section 38 as amended by Federal Law Gazette I no. 161/2013 with 1 January 2014 into force."

Article 5

Change of the war material act

The war material act - KMG, BGBl. No. 540/1977, as 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 8:



"Article 8a.



Complaints"2. In article 3, paragraph 1, the quote will be replaced "Paragraph 2" by the quote "Paragraph 3".

3. in article 7, paragraph 1 and 2a the word is inserted before the word "Court" each "ordinary".

4. According to article 8, the following paragraph 8a and heading shall be inserted:

"Complaints

§ 8a. (1) the Federal Administrative Court rules on appeals against decisions under this Federal Act, except notices pursuant to section 8.

No suspensive effect comes to (2) appeals against administrative decisions, that a granted authorisation is restricted, revoked or subsequently provided with conditions or conditions,."

5. According to § 10, subsection 2d is inserted the following paragraph 2e:

"(2e) I will take no. 161/2013 article 3, paragraph 1, article 7, paragraph 1 and 2a and § 8a and heading of the entry in the table of contents to § 8a in the version of Federal Law Gazette 1 January 2014 effect."

Article 6

Amendment to the aviation security law 2011

The aviation security law 2011 - LSG 2011, Federal Law Gazette I no. 111/2010, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 3, paragraph 2 the word is in no. 3 "foreign" and Z 5 the phrase "or the security personnel of the civilian flight placeholder or an air carrier".

2. paragraph 3 is omitted § 9.


3. in paragraph 11, the phrase "in implementation of the directive 2009/12/EC on airport charges, OJ is in paragraph 1 "No. L 70 of the 14.3.2009 p. 11, adopted provisions" by the phrase "provisions of the airport fee Act - FEG, BGBl. I no. 41/2012," as well as in paragraph 2 the phrase "independent supervisory authority established in implementation of the directive 2009/12/EC" replaced by the phrase "Independent supervisory authority according to § 2 FEG" and is not required in para 2 last sentence the phrase "in implementation of the directive 2009/12/EC".

4 the following paragraph 4 is added to section 19:

"(4) I no. 161/2013 section 3, paragraph 2 and article 11, paragraph 1 and 2 in the version of Federal Law Gazette at the end of the month of the announcement of this federal law into force. § 9 para 3 is 1 January 2014 except force."

Article 7

Amendment of the Registration Act of 1991

The Registration Act 1991 - MeldeG, Federal Law Gazette No. 9/1992, as last amended by Federal Law Gazette I no. 16/2013, is amended as follows:

1. in article 2, par. 2 Z 4 and § 16 ABS. 3 is inserted each the word "ordinary" before the word "Court".

2. in article 13, paragraph 2 "has to decide the National Police Directorate in second and last instance" replaces the word "Appeals" by the word "Complaints" and the phrase "the country administrative court shall decide" the phrase.

3. § 15 paragraph 7 and section 17 (4) of the last sentence is not available in each.

4. in article 17, paragraph 6, the phrase "the Administrative Court" by the phrase is "the district administrative court and against its recognition appeal to the Administrative Court" replaced and the following final sentence added:

"The District Administrative Court of that country in which the person concerned at the initiation of the complaint procedure with principal residence was logged is jurisdiction."

5. in article 22, paragraph 3 the word is inserted before the word "Courts" "ordinary".

6 14 the following paragraph is added to article the 23:

"(14) section 2 paragraph 2 Z 4, § 13 para 2, § 16 para 3, § 17, par. 6 and § 22 para 3 as amended by Federal Law Gazette I no. 161/2013 with 1 January 2014 into force;" at the same time, last sentence and article 17, paragraph 4, last sentence override. occur § 15 paragraph 7"

Article 8

Change of the change of name Act

The change of name Act - nails and body, Federal Law Gazette No. 195/1988, as last amended by Federal Law Gazette I no. 16/2013, is amended as follows:

1 section 3 para 2 No. 1 is: "1. in the case of paragraph 1 Z 4 a name change to article 2, paragraph 1 Z 5, 7 and 9a is applied;"

2. the previous section 7 receives the sales designation (1) and the following paragraph 2 is added:

"The country Administrative Court (2) appeals against notices under this Federal Act."

3. in section 11 receives I of paragraph 5 in the version of Federal Law Gazette No. 16/2013 the sales designation (6) and's (new) the following paragraph 7 is added after paragraph 6:

"(7) § 3 I no. 161/2013 is para 2 subpara 1 in the version of Federal Law Gazette at the end of the day of the announcement, but not before April 1, 2013 in force (with the Z 5 of the article 2013 at the same time eliminates the 8 of the minors and name Law Amendment Act). § 7 in the version of Federal Law Gazette I is no. 161/2013 with 1 January 2014 into force."

Article 9

Amendment of the Passport Act 1992

The Passport Act 1992, BGBl. No. 839/1992, as last amended by Federal Law Gazette I no. 60/2012, is amended as follows:

1. in the table of contents, the word "Appeal" in the entry for section 22 is replaced by the word "Complaints".

2. in article 17, paragraph 1, the phrase "§ 73 para 2 of the General administrative procedures Act 1991 (AVG), BGBl. No. 51" by the word order is "article 8 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 161/2013" replaced.

3. paragraph 22 together with the heading:

"The provisions of procedure concerning representation offices; Complaints

§ 22 (1) for representation offices in the acts referred to in article 16, paragraph 1 and article 19, par. 5 by way of derogation from the AVG, the following applies: 1. § 10 para 1 last sentence AVG applies only to persons authorized in Austria the professional representation of parties.

2. the delivery is by passing in the authority or, as far as the international practice permits it, by post or electronically to be made; This is not possible, it is due to stop on the official notice board of the authority to make.

3. paragraphs 76 to 78 AVG are not applicable.

The country Administrative Court (2) appeals against notices under this Federal Act."

4. in section 22 b paragraph 4 is inserted the word "ordinary" before the word "Courts".

5. § 25 16 the following paragraph is added:

"(16) § 17 para 1, § 22 together with heading, section 22 b paragraph 4, as well as the entry in the table of contents to article 22 as amended by Federal Law Gazette I no. 161/2013 with 1 January 2014 into force."

Article 10

Amendment of the civil status act 2013

The civil status act 2013 - PStG 2013, Federal Law Gazette I no. 16/2013, is amended as follows:

1. in the table of contents the word is inserted in the entries for the 3rd section of the 1st main piece header and the section 73 before the word "Courts" "ordinary".

2. in the table of contents, the word "Ordinary" is inserted in the entry for section 7 before the word "Courts".

3. in the table of contents the word is inserted in the entry for paragraph 49 before the word "Courts" "ordinary".

4. in section 3, paragraph 2, the phrase "the civil authority of first instance" by the word order is "- Apart from cases of para 4 - the community" replaced.

5. in article 3, paragraph 4, the phrase "first instance" is omitted.

6 paragraph 4:

„§ 4. The regional administrative court decides on appeals against decisions under this Federal Act."

7. in the heading to the 3rd paragraph of the 1st main piece the word is inserted before the word "Courts" "ordinary".

8. in the heading to § 7 and § 73, the word "Ordinary" each is added before the word "Courts".

9. in article 7, paragraph 1, the word "Ordinary" is before the word "Courts" and before the word "Court" the word "ordinary" inserted.

10. in article 7, paragraph 3 the phrase replaces "can food" by the phrase "to ordinary courts" and the phrase "for the courts" the phrase "for the ordinary courts".

11. in article 8, paragraph 1 and 2 the word is inserted each before the word "Courts" "ordinary".

12. in article 11 paragraph 5 before the word "Court" the word "proper" inserted.

13. in article 20, paragraph 2, the quote "20" by the quote will be replaced "11".

13A. the following paragraph 3 is added to article 25:

"(3) § 18 para 2 and 3 shall apply mutatis mutandis. Witnesses were involved in the transcript are to absorb."

14. in article 30 Z 6 is inserted the word "ordinary" before the word "Court".

15. in article 33, the word is "ordinary" before the word "Court" and before the word "Court" the word "ordinary" inserted.

16. in article 47, paragraph 2, and article 49 the word is inserted each before the word "Courts" "ordinary".

17. in paragraph 48, Z 4 are no. 6 in paragraph 1 the quote "§ 147" by the quote "147", in paragraph 1 the quote "article 38 para. 3 or 4" by the quote "section 38 paragraph 4 or 5," in para 2 Z 9 the quote "Z 7 to 10" by the quote "Nos. 7 and 8", in paragraph 8 No. 3 the quote "Z 7 to 10" by the quote "Nos. 7 and 8" , in para 8 Z 5 the quote "section 38 paragraph 4" the quote "section 38 paragraph 4 or 5" and in paragraph 13 the quote "1-11" by the quote "1 to 12" replaced.

18. in the heading to § 49 the word is inserted before the word "Courts" "ordinary".

19. in article 52, paragraph 2 Z 5 will each the words "Partnership" and "subject" put a comma.

20. in article 57, paragraph 1 Z 10 is inserted the word "ordinary" before the word "Court".

21. in paragraph 61, in paragraph 2, after the phrase "are needed" a point set and in paragraph 6, the quote "Paragraph 4" with the quote "Paragraph 5" replaced.

22. in article 67, paragraph 4 the word is inserted before the word "Courts" "ordinary".

23. in article 67, paragraph 5 the word is inserted before the word "Court" "ordinary".

24. in article 68, paragraph 3 the word is inserted before the word "Court" "ordinary".

25. in article 71, paragraph 1, and in the heading to § 73 the word is inserted each before the word "Courts" "ordinary".

25A. in article 10 (change of civil status act 2013) 72 "continue to apply paragraph 1 before the phrase" is inserted in the phrase "except article 41 paragraph 4".

26 the following paragraph 6 is added to § the 72:


"(6) section 20 para 2, § 25, § 48 para 1, 2, 8 and 13, § 52, § 61 para 2 and 6, article 72, paragraph 1, article 73 together with title and no. 1 as amended by Federal Law Gazette I no. 161/2013 contact section 79 November 1, 2013, § 3 para 2 and 4, section 4, article 7, paragraph 1 and 3 together with heading, article 8, paragraph 1 and 2" , § 11 para 5, § 30 Z 6, § 33, § 47 para 2, § 49, along with headline, article 57, paragraph 1 Z 10, article 67 par. 4 and 5, § 68 para. 3, article 71, paragraph 1 and the title of the 3rd section of the 1st main piece and the entries in the table of contents to paragraphs 7, 49, 73, and the heading of the 3rd section of the 1st main piece in the version of Federal Law Gazette I no. 161/2013 with 1 January 2014 into force; "the orders of the Federal Act Federal Law Gazette I understood no. 161/2013 being, that they refer to that version of the provisions of this Federal Act, the by the civil status law 2013 - PStG 2013, Federal Law Gazette I no. 16/2013, would receive."

27. in paragraph 73, the quote "1-7" by the quote "1 to 6", and the quote is replaced "8, 9 and 10" by the quote "7 to 9".

28. in section 79, the quote "30 No. 7 and no. 9" by the quote "33" is replaced at no. 1 after the quote "7," the quote "8," added, and accounts for the quotes "48 paragraph 8,", "51", and "64,".

Article 11

Amendment of the police power compensation act

The Police Authority Act, Federal Law Gazette No. 735/1988, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 3, paragraph 2 and article 12, paragraph 2 the word is inserted before the word "Court" each "ordinary".

2. in article 5, paragraph 1, the phrase "in court" is replaced by the phrase "in the ordinary court".

3. in article 8, paragraph 2, the phrase is "§ 1 para 1 No. 2 of the Pro curate urgesetzes, Gazette No. 172/1945" by the phrase "section 2 para 1 No. 6 of the Finanzprokuraturgesetzes - ProkG, Federal Law Gazette I no. 110/2008" replaced.

4. in article 8, paragraph 3, the phrase "AVG 1950" by the phrase is "the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

5. in section 8 (4) and section 11, paragraph 4, the phrase "with administrative or Constitutional Court" is replaced by the phrase "at the Federal Administrative Court".

6. in article 9, paragraph 2 the word is inserted before the word "Court" "ordinary".

7. in article 11, paragraph 2, the number accounts for "1950".

8 the following paragraph 5 is added to. in article 17:

"(5) I no. 161/2013 § 8 par. 2 and 3 as well as article 11 par. 2 in the version of Federal Law Gazette at the end of the month of the announcement of this federal law into force. I will take no. 161/2013 § 3 para 2, § 5 para 1, § 8 para 4, § 9 para 2, § 11 section 4 and section 12 para 2 as amended by Federal Law Gazette 1 January 2014 effect."

Article 12

Amendment of the police cooperation Act

The police cooperation law - PolKG, Federal Law Gazette I no. 104/1997, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 8, paragraph 4 the word is inserted before the word "Court" "ordinary".

2. in article 17 the phrase "the independent administrative panel of appeal" is replaced in paragraph 1 the phrase "independent administrative Senate" by the phrase "the Court" and in paragraph 2 by "land court".

3 the following paragraph 8 is added to article the 20:

"(8) I will take no. 161/2013, § 8 para 4 and article 17, paragraph 1 and 2 in the version of Federal Law Gazette 1 January 2014 effect."

Article 13

Amendment of the pyrotechnics Act 2010

The Fireworks Act 2010 - PyroTG 2010, Federal Law Gazette I no. 131/2009, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the word "Appeal" is replaced in the entry to the 2nd section of the 1st main piece, as well as to article 6 each by the word "Complaints".

2. in the heading to the 2nd section of the 1st main piece, the word "Appeal" is replaced by the word "Complaints".

3. paragraph 6 along with heading:

"Complaints

§ 6. The regional administrative court decides on appeals against decisions under this Federal Act."

4. in article 10, paragraph 1 the word is inserted before the word "Courts" "ordinary".

5. in article 16, paragraph 4 the word is inserted before the word "Court" each "ordinary".

6. in article 40, paragraph 1 the word is inserted before the word "Courts" "ordinary".

7 the following paragraph 4 is added to § the 45:

"(4) which together with heading to the 2nd section of the 1st main piece, § 6 heading, § 10 para 1, § 16 para 4, article 40, paragraph 1, as well as the entries in the table of contents to the 2nd section of the 1st main piece and § 6 in the version of Federal Law Gazette I no. 161/2013 with 1 January 2014 into force."

Article 14

Amendment of the Security Police Act

The Security Police Act - SPG, Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1. in the table of contents, the phrase "Appeal in matters of security police" is replaced by the phrase "Appeals against administrative decisions" in the entry to § 14a, eliminates the phrase "first instance" in the entry for paragraph 86, and attaches the word sequence ", subrogation and revision" in the entry on § 91.

2. paragraph 14a along with heading:

"Complaints against administrative decisions

§ 14a. The State administrative court rules on complaints against security decisions."

3. in the section 24 para 1 No. of 4, 35 par. 1 Z 5 lit. a and 57 paragraph 1 Z 9 is the quote "section 146 b ABGB ' by the quote" article 162, para. 1 ABGB "replaced.

4. in section 38a, paragraph 6, the phrase "in court" is replaced by the phrase "in the ordinary court".

5. in section 38a, the word is "regular" in paragraph 8 the words "Court" and "Court" and in paragraph 9 the word "Court" the word "ordinary" inserted.

6. in paragraph 49, c paragraph 4 the word "Appeal" is replaced by the word "Complaint".

7. in § 53a para 6, § 58b para 2, § 58c is (2) and section 58 d paragraph 2 before the word "Courts" each the words "ordinary" added.

8. in section 58, para 2 is replaced by the phrase "the Federal Administrative Court" the phrase "the asylum Court".

9. in article 60, paragraph 2, the phrase "in the first instance" is omitted.

10 in section 77, paragraph 2, the phrase "However, an appeal is not permitted" by the phrase "A complaint, however, collected no suspensive effect comes to" is replaced.

11. in article 85 the word is inserted before the word "Courts" "ordinary".

12. in the heading to § 86, the phrase "first instance" is omitted.

13. in paragraph 88, is the quote "129a" by the quote "130" in paragraphs 1 and 2 the phrase "independent administrative Senate" respectively by the word "border management", in paragraph 1 and in paragraph 3 the phrase "independent administrative Senate" replaced by the word "border management" and is paragraph 4:

"(4) the time limit for making an appeal is six weeks. It begins with the time in which the person concerned gained knowledge of the infringement, if he but was hampered by exercising close management regulatory command and coercive power, his appeal to use, with the Elimination of this disability. The complaint is to bring at the Administrative Court of the land."

14. in paragraph 89, be "independent administrative Senate" word "border management", "independent Administrative Tribunal" replaced the phrase in paragraph 4 the word "border management" and the phrase "The independent administrative Senate" by the phrase "The district administrative court" in paragraph 1 the phrases "the independent administrative panel of appeal" and the "independent administrative Senate" by the phrase "the district administrative court", in paragraph 2 the phrase and does not apply to paragraph 5.

15. in paragraphs 90 and 91 d para 3 'Data protection Commission' is replaced each by the word 'Data protection authority'.

16 the following sentence is added to article the 90:

"The Federal Administrative Court rules on appeals against decisions of the data protection agency."

17. in the heading to section 91, the phrase "subrogation, revision" is appended.

18 article 91 paragraph 1 and 1a are:

"§ 91. (1) the Federal Minister of the Interior may charge appeal to the administrative court 89 or 90 in favor as well as to the detriment of the person concerned against decisions of administrative courts on appeals in accordance with §§ 88. The revision period begins with the notification of the decision to the authority.

(1a) the Federal Minister for Home Affairs article 90 can occur in place of authority in a procedure at the Federal Administrative Court against decisions the data protection authority on complaints under."

19. in section 91, the phrase is omitted in para 2 ", of alteration instance no longer subject," and is in paragraph 2 the phrase "the Administrative Court" by the phrase "the country administrative court, as well as its findings appeal to the Administrative Court" the word "Appeal period" is replaced by the phrase "Appeal and revision period".

20 36 the following paragraph is added to § the 94:


"(36) § 14a along with heading, § 38a, § 49 c para 4, § 53a para 6, § 58 para 2, § 58c para 2, § 58 d para 2, § 60 paragraph 2, § 77 para 2, § 85, the heading to § 86, § 88 par. 1 to 4, article 89, paragraph 1, 2 and 4, article 90, article 91 paragraph 1, 1a and 2, including heading, section 91, paragraph 3, as well as the entries in the table of contents to § 14a" , section 86 and section 91 as amended by Federal Law Gazette I no. 161/2013 apply with 1 January 2014; at the same time. § 89 paragraph 5 override"

Article 15

Amend the Explosives Act of 2010

The Explosives Act 2010 - SprG, Federal Law Gazette I no. 121/2009, as last amended by Federal Law Gazette I no. 17/2013, is amended as follows:

1. in article 38, paragraph 1, the phrase "in the first instance" is omitted.

2. paragraph 38 paragraph 2:

"The country Administrative Court (2) appeals against notices under this Federal Act."

3. in article 43, paragraph 1 the word is inserted before the word "Court" "ordinary".

4. in article 44, paragraph 1 the word is inserted before the word "Courts" "ordinary".

5 the following paragraph 4 is added to § the 47:

"(4) I will take no. 161/2013 article 38, paragraph 1 and 2, article 43, paragraph 1, and section 44 para 1 as amended by Federal Law Gazette 1 January 2014 effect."

Article 16

Change of the State border law

The State border Act, Federal Law Gazette No. 9/1974, amended by Federal Law Gazette I no. 98/2001, is amended as follows:

1. in article 18 is the quote "AVG 1950" by the phrase "of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

2. in article 19, the number accounts for "1950".

3. Article 20 is eliminated.

4. in article 21, paragraph 1, the word "Appeal" is replaced by the phrase "Appeal to the Administrative Court".

5. in section 22, no. 3 as well as article 30 be Nos. 1, 2 and 5 replaced the phrase "Buildings and technology" by the phrase "Economy, family and youth" and added no. 3 after the word "Defence" the phrase "and sports" in section 30.

6. in article 30 Z 2 is the comma after the quote "section 18" by the word "and" replaces and eliminates the word sequence ", and article 20, paragraph 2".

7. before article 31, the following heading shall be inserted:

"Final provisions"

8. the existing text of § 31 is preceded by the sales designation (1) and added the following paragraph 2:

"I no. 161/2013 (2) § § 18, 19, 22 No. 3 and § 30 Z 1 to 3 and 5 in the version of Federal Law Gazette at the end of the month of the announcement of this federal law into force. § 21 para 1 in the version of Federal Law Gazette I is no. 161/2013 with 1 January 2014 into force; at the same time. section 20 override"

Article 17

Amendment of the criminal records Act 1968

The criminal records Act 1968, BGBl. No. 277/1968, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 2, paragraph 1 Nos. 4 and article 4, paragraph 1, and 5 is inserted each the word "ordinary" before the word "Courts".

2. in article 2, para. 3, article 3, paragraph 1, as well as § 9a, para 1 No. 1 the word is inserted before the word "Courts" each "ordinary".

3. in article 3 paragraph 2a, § 5 para 2 para 2, § 11a, article 12 and article 13 is before the word "Court" each the words "ordinary" added.

4. in article 3 paragraph 4a, section 4, paragraph 2, article 6 b para 3 Z 1 and 2, § 7, § 13 is before the word "Court" each the words "ordinary" added.

5. paragraph 4 is omitted § 10.

6. in article 13 b paragraph 1 is inserted the word "ordinary" before the word "Court".

7. According to section 13, b is inserted the following paragraph 13 c together with heading:

"Complaints

§ 13c. The regional administrative court decides on appeals against decisions under this Federal Act."

8 12 the following paragraph is added to. in article 14:

"(12) § 2 para 1 Nos. 4 and para 3, § 3 para 1, 2a and 4a, § 4 ABS. 1, 2 and 5, § 5 para 2, § 6 Nos. 1 and 2, § 7, § 9a, para 1 No. 1, § 11a, § 12, § 13 title b paragraph 1, 2 and 3 as well as § along with 13 c in the version of Federal Law Gazette I no. 161/2013 with 1 January 2014 into force;" at the same time. section 10 (4) override"

Article 18

Amendment of the 2002 Association Act

The law on associations 2002 - past, Federal Law Gazette I no. 66/2002, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 9, paragraph 1, the phrase "in the first instance" is omitted.

2. in article 9, paragraph 2, the word "Appeals" is replaced by the word "Complaints" and the phrase "the State police headquarters in last instance" by the phrase "the district administrative court".

3. in article 11, the quote "section 4" by the quote is "§ 2 No. 4" replaced.

4. § 12 ABS. 4 last sentence reads:

"No suspensive effect comes to an appeal against such a decision."

5. in article 13, paragraph 2, the last sentence is omitted.

6. in article 16, paragraph 1, article 17, paragraph 1, article 18, par. 2 and 3 article 19, paragraph 1, the phrase "first instance" accounts for each.

7 the following final sentence be added in section 19 subsection 5:

"No suspensive effect comes to an appeal against such a decision."

8 12 the following paragraph is added to § the 33:

"(12) section 11 in the version of Federal Law Gazette I is no. 161/2013 at the end of the month of the announcement of this federal law into force. § 9 para 1 and 2, article 12, paragraph 4, article 16, paragraph 1, article 17, paragraph 1, § 18 para 2 and 3 as well as article 19, paragraph 1, and 5 in the version of Federal Law Gazette I no. 161/2013 with 1 January 2014 into force; at the same time § 13 para 2. last sentence override"

Article 19

Amendment of the Assembly Act 1953

The Assembly Act 1953, BGBl. No. 98/1953, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 18:

"section 18. The regional administrative court decides on appeals against decisions under this Federal Act."

2. in article 19a the word is inserted before the word "Court" "ordinary".

The following paragraph 5 is added to § 3. 21:

"I will take no. 161/2013 (5) § § 18 and 19a in the version of Federal Law Gazette 1 January 2014 effect."

Article 20

Amendment of the Firearms Act 1996

The Weapons Act 1996 - WaffG, Federal Law Gazette I no. 12/1997, amended by Federal Law Gazette I no. 115/2012, is amended as follows:

1. in the table of contents, the word "Appeal" is replaced by the word "Complaints" in the entry for paragraph 49.

2. in article 8 par. 4 and § 12 ABS. 5 Z 1 is inserted each the word "ordinary" before the word "Court".

2A. the following paragraph 5 is added to article 11:

"(5) athletic purposes within the meaning of paragraph 2 include membership in an Association of traditional shooters; a permit referred to in paragraph 2 for a member of a traditional Shooters Association is in section 35 paragraph 2 Z 3 circumscribed scope restricted."

2B. In article 23, b is inserted after the para 2a the following paragraph 2:

"(2B) requested to have more firearms of category B, as he was previously allowed the holder of a weapons permit and no reason to grant a larger number, already referred to in paragraph 2 one to a maximum of two larger is him for the exercise of the shooting so to grant five but not exceeding number, if 1 since the previous setting of the number at least five years have passed" ", 2. no breaches of the Firearms Act are available, 3. can be made credible, that provision has been made for the safe custody of the larger number of firearms."

3. in paragraph 12, the word "Appeal" is replaced by the word "Appeal" in paragraph 3 and not applicable in paragraph 7 the phrase "in the first instance".

4. in article 25, paragraph 5, the phrase "the authority" eliminates Z 1.

5. § 25 paragraph 5 Z 2 is the quote "§§ 57 and 64 paragraph 2 of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51" by the quote "§ 57 of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991, and § 13 para 2 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013" replaced.

6. in article 38, paragraph 5, and article 39, paragraph 3, the phrase "first instance" accounts for each.

7. in article 39, paragraph 2 is the phrase "in the implementation of the procedure the AVG with the exception of sections 76 to 78 shall apply; the"replaced by the word"The"and deleted the last sentence.

8. after article 39, paragraph 2, the following paragraph 2a is inserted:

"(2a) in the conduct of the proceedings before the competent Austrian representation authority the following shall apply by way of derogation from the AVG: 1 § 10 para 1 last sentence AVG applies only to persons authorized in Austria the professional representation of parties."

2. the delivery is by passing in the authority or, as far as the international practice permits it, by post or electronically to be made; This is not possible, it is due to stop on the official notice board of the authority to make.

3. paragraphs 76 to 78 AVG are not applicable."

9. in article 41, paragraph 3, the word "Appeal" is replaced by the word "Complaint".

10. in article 47, paragraph 3, the phrase replaced "is the AVG - with the exception of sections 76 to 78 - to apply" "applies § 39 para 2a" with the phrase and eliminates the last sentence.

11 § 49 and heading is as follows:

"Complaints


Section 49 (1) on appeals against decisions of the Federal Minister of national defence and sports according to § 18 para 2 and 44, and notices of Federal Ministry for defence and sports or the Federal Minister of the Interior pursuant to § decides the Bundesverwaltungsgericht 42B.

The country Administrative Court (2) all other complaints against decisions under this Federal Act."

12. in article 50, paragraph 1 the word is inserted before the word "Court" "ordinary".

13. in article 51, paragraph 1 the word is inserted before the word "Courts" "ordinary".

13A. in § 58 para 6 is to replace the phrase "within twelve months" by the phrase "within 36 months".

14 10 the following paragraph is added to section the 58:

(10) for the lifting of gun ban adopted before January 1, 2014 in accordance with § 12 that authority "is responsible, which has adopted the ban in the first instance."

15. the section 62 be attached following para. 15 and 16:

"(15) § 8 para 4, § 12 para 3, para 5 Nos. 1 and § 7, § 25 para 5, § 38 para 5, § 39 para 2, 2a and 3, article 41, para. 3, § 47 para 3, § 49 and heading, § 50 para 1, § 51 para 1, § 58 paragraph 10 of the entry in the table of contents to section 49 as amended by Federal Law Gazette I no. 161/2013 with 1 January 2014 into force;" at the same time, last sentence and article 47, paragraph 3 last set override occur § 39 para 2.

"(16) sections 11, par. 5, 23 paragraph 2 b and 58 paragraph 6 as amended by Federal Law Gazette I no. 161/2013 apply with the day after the announcement."

Article 21

Modification of the coat of arms Act

The coat of arms Act, Federal Law Gazette No. 159/1984, as last amended by Federal Law Gazette I no. 98/2001, is amended as follows:

1. in article 8, inserted before the word "Courts" the word "ordinary" and replaced the phrase "Appointments the Governor decides" by the phrase "Complaints the country administrative court rules".

The following paragraph 3 is added to § 2. 11:

"(3) § 8 in the version of Federal Law Gazette I is no. 161/2013 with 1 January 2014 into force."

Article 22

Amendment to the Civil Service Act of 1986

The Civil Service Act 1986 - ZDG, BGBl. No. 679/1986, as last amended by Federal Law Gazette I no. 87/2012, is amended as follows:

1. in Article 2a, paragraph 4 reads:

"The Federal Administrative Court rules (4) on appeals against decisions of the civil service agency. Appeals against allocation or dismissal decisions of the civil service agency have no suspensive effect. This also applies to template requests in before appeal against such decisions. In these cases the Federal Administrative Court at the request of the complainant has to grant the suspensive effect of the appeal 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."

2. in section 5a paragraph 2 the word is inserted before the word "Court" "ordinary".

3. § 8 para 1 last sentence deleted.

4 in § 31 para 3, article 44, paragraph 1, article 45, paragraph 1 and 2, § 46, § 47 para. 2, 3 and 4, § 48 para. 3, article 49, paragraph 1, § 50, § 51 para 1, § 53 and article 54, paragraph 2, the word "Civil service be heavy de Council" is replaced by the phrase "Independent Advisory Board for Zivildienstbeschwerdeangelegenheiten".

5. in article 34, paragraph 3, the phrase "and in the second instance of the Federal Minister of national defence and sports" is omitted.

6 the following paragraph 4 is added to § in 34:

"The Federal Administrative Court rules (4) on appeals against decisions of the army personnel office in accordance with paragraph 3."

7. in article 37, paragraph 1, article 45, paragraph 3 and article 54, paragraph 1, the word "Civil service Appeal Board" is replaced by the phrase "Independent Advisory Board for Zivildienstbeschwerdeangelegenheiten".

8. in § 37 para 2, § 44 para 1, § 47 para 1 and article 57a par. 3 No. 5, the word "Civil service Appeal Board" is replaced by the phrase "Independent Advisory Board for Zivildienstbeschwerdeangelegenheiten".

9. in the heading of the section VII and section 43, paragraph 1, the word "Civil service Appeal Board" is replaced by the phrase "Independent Advisory Board for Zivildienstbeschwerdeangelegenheiten".

10 paragraph 43 paragraph 2:

"(2) the independent Advisory Board for Zivildienstbeschwerdeangelegenheiten has to handle complaints according to § 37 and to adopt recommendations to the Federal Minister of the Interior on its fulfilment."

11 in § 47 para 5, § 49 para 1, § 51 para 2 and § 52 para 1 and 2 the word "Directors" is substituted with the word "Advisory members".

12 § 54 paragraph 2 the following sentence is added:

"The Federal Minister of the Interior may inform the Chairman about the objects of the management."

13. in article 57a par. 3 No. 3, the phrase is "Independent administrative Senate" by the word "Administrative tribunals" and the phrase "as appellate authority" is replaced by the phrase "in the context of a complaint under this Federal Act".

14. in paragraphs 60 and 70 the word is inserted before the word "Courts" each "ordinary".

15 b is added the following paragraph 11 the section 76:

"(11) at the end of 31 December 2013 at the civil service Appeal Board pending cases be continued from 1 January 2014 by the independent Advisory Board for Zivildienstbeschwerdeangelegenheiten."

16 section 76 c is added the following paragraph 30:

"(30) section 2a paragraph 4, section 5a paragraph 2, § 31 para 3, § 34 paragraph 3 and 4, § 37 para. 1 and 2, the heading to section VII, § 43 para. 1 and 2, article 44, paragraph 1, article 45, paragraph 1, 2 and 3, § 46, article 47, paragraph 1, 2, 3, 4 and 5, § 48 para. 3, article 49, paragraph 1, § 50, § 51 para 1 and 2, § 52 para 1 and 2" , Article 53, article 54, paragraph 1 and 2, article 57a par. 3 No. 3 and 5 as well as §§ 60, 70 and 76 b of paragraph 11 in the version of Federal Law Gazette I no. 161/2013 with 1 January 2014 into force; at the same time § 8 ABS. 1. last sentence override"

Fischer

Faymann