Verwaltungsgerichtsbarkeits Adjustment Act-Inner-Vwganpg Home Affairs

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

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161. Federal Law, with which the General Administrative Procedure Act 1991, the Federal Municipal Supervision Act, the Federal Foundation and the Fund Law, the EU Police Cooperation Act, the War Material Act, the Aviation Safety Act 2011, the Registration Act 1991, the Law on Name Change, the Passgesetz 1992, the Personal Status Act 2013, the Police Enforcement Compensation Act, the Police Cooperation Act, the pyrotechnic Act 2010, the Security Police Act, the Explosive Act 2010, the State Border Act, the Criminal Records Act in 1968, the Associations Act 2002, the Law of the Assembly in 1953, the Weapons Act in 1996, the Wappengesetz (Wappengesetz) and the Civil Service Act 1986 (Administrative Jurisdictions-Adaptation Law-Home Affairs-VwGAnpG-Interior)

The National Council has decided:

table of contents

Art.

Object/Label

1

Amendment of the General Administrative Procedure Act 1991

2

Amendment of the Federal Council of Local Supervisors

3

Amendment of the Federal Foundation for the Foundation and the Fund

4

Amendment of the EU Police Cooperation Act

5

Amendment of the War Material Act

6

Amendment of the Aviation Safety Act 2011

7

Amendment of the Reporting Act 1991

8

Amendment of the Name Change Act

9

Amendment of the PassAct 1992

10

Amendment of the Personal Status Act 2013

11

Amendment of the Police Custody Compensation Act

12

Amendment of the Police Cooperation Act

13

Amendment of the pyrotechnic law 2010

14

Amendment of the Security Policy Act

15

Amendment of the Explosives Act 2010

16

Amendment of the State Border Law

17

Amendment of the Criminal Records Act 1968

18

Amendment of the Vereinsgesetz 2002

19

Amendment of the Law on Assembly 1953

20

Amendment of the Weapons Act 1996

21

Amendment of the Wappengesetz

22

Amendment of the Civil Service Act 1986

Article 1

Amendment of the General Administrative Procedure Act 1991

The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991, as last amended by the Federal Law BGBl. I No 100/2011, shall be amended as follows:

1. § 53a (1) first sentence is replaced by the following sentences:

" For their activities in the proceedings, non-official experts shall be entitled to charges which are to be determined by means of a regulation of the Federal Government in flat-rate amounts (according to rates). To the extent that no such flat-rate amounts (tariffs) are fixed, the scope of the fee shall be those § § 24 to 37, 43 to 49 and 51 of the Fees Act-GebAG, BGBl. No 136/1975, apply mutatily. '

§ 53b reads:

" § 53b. Non-official interpreters are entitled to fees for their activities in the proceedings, which are to be determined by means of a regulation of the Federal Government in flat-rate amounts (according to rates). To the extent that no such flat-rate amounts (tariffs) are fixed, the scope of the fee is the § § 24 to 34, 36 and 37 (2) of the Fees Act-GebAG, BGBl. No. 136/1975, with the particularities and § 54 GebAG referred to in § 53 (1) of the GebAG, apply in the appropriate way. Non-official interpreters within the meaning of this Federal Law are also to be understood as non-official translators. Section 53a (1) of the last sentence and (2) to (4) shall apply mutasensitily. "

Section 82 is added to the following paragraph 21:

" (21) § 53a (1) and § 53b in the version of the Federal Law BGBl. I No 161/2013 shall enter into force with the end of the month of the presentation of this Federal Law. "

Article 2

Amendment of the Federal Council of Local Supervisors

The Federal Municipal Supervision Act, BGBl. No 123/1967, shall be amended as follows:

1. In Section 1 (1), the word order shall be "of the Federal Constitutional Law in the version of 1929" through the phrase " The Federal Constitutional Law (B-VG), BGBl. No. 1/1930 " replaced.

2. In Section 1 (3), the phrase "of the Federal Constitutional Law in the version of 1929; B.-VG." by quoting "B-VG" replaced.

3. In § 1 para. 5, § 2 para. 2, § 11 para. 2, § 12 para. 5 the citation shall be "B.-VG." by quoting "B-VG" replaced.

4. In Section 1 (5), the word order shall be deleted "and Article 102 (7)" .

5. In § 2 para. 3 is the quote "§ § 5 and 7" by quoting § § 5 and 6 " to replace it.

6. § 7 deleted.

7. § 8 (1) reads:

" § 8. (1) A legally binding decision of a local authority may only be made by the supervisory authority on the grounds of Section 68 (3) and (4) of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991. '

8. In Section 8 (2), the word order shall be " lit. a of the General Administrative Procedure Act 1950 " through the phrase "Z 1 AVG" replaced.

9. In § 12, paragraphs 1 and 4 are deleted, the phrase in paragraph 2 shall be deleted. "General Administrative Procedure Act 1950" by quoting "AVG" and the phrase " 1950, BGBl. Nr. 172 " through the phrase " 1991-VVG, BGBl. No 53/1991 " as well as in paragraph 3, the phrase "§ § 7 and 8" by quoting "§ 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.) to complain" through the phrase "Complaint to the Administrative Court (Article 130 B-VG), revision of the Administrative Court (Article 133 B-VG) and appeal to the Constitutional Court (Article 144 B-VG)" replaced.

10. In § 13, the last sentence is deleted.

11. In accordance with § 14, the following § 15 is inserted:

" § 15. § 1 para. 1, 3 and 5, § 2 para. 2, § 8 para. 2, § 11 para. 2 and § 12 para. 2 in the version of the Federal Law BGBl. I n ° 161/2013 shall enter into force with the end of the month of the customer's presentation of this Federal Act. § 2 (3), § 8 (1), § 12 (3) and (5) and § 13 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2013 are due to 1. January 2014 shall enter into force; at the same time, § § 7 and 12 (1) and (4) shall not apply. "

Article 3

Amendment of the Federal Foundation for the Foundation and the Fund

The federal foundation and fund law, BGBl. No. 11/1975, as last amended by the Federal Law BGBl. I No 137/2011, shall be amended as follows:

1. In the headings relating to § § 12 and 30, before the word "Courts" and in § § 12 and 30 before the word "Legal routes" the word "ordinary" inserted.

2. In § 39, the word order is deleted in paragraph 1. "first instance" and no par. 3 .

(3) The following paragraph 5 is added to § 44:

" (5) The transcripts of § § 12 and 30, § § 12, 30 and 39 (1) in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 4

Amendment of the EU Police Cooperation Act

The EU Police Cooperation Act-EU-PolKG, BGBl. I n ° 132/2009, as last amended by the Federal Law BGBl. No 105/2010, shall be amended as follows:

1. In the table of contents, in the entry to § 38, before the word "Judicial Proceedings" the word "ordinary" inserted.

2. In § § 14 and 26 the word shall be "Data Protection Commission" by the word "Data Protection Authority" replaced.

3. In § 25 (1), § 35 (1) and (4) (2) and § 38 (1), the following shall be taken before the floor: "Courts" the word "ordinary" inserted.

4. In § 33 (6), before the word "Courts" the word "ordinary" inserted.

5. In § 35 (6), before the word "Courts" the word "ordinary" inserted.

6. In the heading to § 38, before the word "Judicial Proceedings" the word "ordinary" inserted.

7. In Section 38 (1) (2) (2), before the word "Court" the phrase "a decent" inserted.

8. The following paragraph 3 is added to § 46:

" (3) § 14, § 25 para. 1, § 26, § 33 para. 6, § 35 para. 1, para. 4 Z 2 and paragraph 6, the title to § 38, § 38 paragraph 1 as well as the entry in the table of contents to § 38 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 5

Amendment of the War Material Act

The War Material Act-KMG, BGBl. No 540/1977, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In the table of contents, after the entry to § 8 the following entry is inserted:

" § 8a.

Complaints "

2. In § 3 (1), the quote shall be " 2 " by quoting " 3 " replaced.

3. In § 7 (1) and (2a) before the word "Court" the word "ordinary" inserted.

4. In accordance with § 8, the following § 8a and title shall be inserted:

" Complaints

§ 8a. (1) The Federal Administrative Court shall decide on complaints against charges pursuant to this Federal Act, with the exception of proceedings in accordance with § 8.

(2) Complaints against charges with which a granted authorisation is restricted, revoked or subsequently provided with conditions or conditions does not apply to a suspensive effect. "

5. In accordance with Section 10 (2d), the following paragraph 2e is inserted:

" (2e) § 3 (1), § 7 (1) and (2a) and § 8a together with the title as well as the entry in the table of contents to § 8a in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 6

Amendment of the Aviation Safety Act 2011

The Aviation Safety Act 2011-LSG 2011, BGBl. I n ° 111/2010, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In Section 3 (2), the word shall be deleted in Z 3. "foreign" and in Z 5 the phrase "or the security personnel of the civil aircraft holder or of an air transport undertaking" .

Section 9 (3) is deleted.

3. In § 11, the phrase in paragraph 1 shall be the following: ' in implementation of Directive 2009 /12/EC on airport charges, OJ L 327, 22.12.2009, p. No. OJ L 70, 14.3.2009, p. 11, through the phrase " Provisions of the Airportentgeltegesetz-FEG, BGBl. I No 41/2012, " as well as in paragraph 2, the phrase "independent supervisory authority established in the implementation of Directive 2009 /12/EC" through the phrase "independent supervisory authority according to § 2 FEG" Replaces and dispenses with the last sentence of paragraph 2 "in implementation of Directive 2009 /12/EC" .

4. The following paragraph 4 is added to § 19:

" (4) § 3 para. 2 as well as § 11 para. 1 and 2 in the version of the Federal Law BGBl. I n ° 161/2013 shall enter into force with the end of the month of the customer's presentation of this Federal Act. Section 9 (3) occurs with 1. Jänner 2014 out of force. "

Article 7

Amendment of the Reporting Act 1991

The Reporting Act 1991-Reporting G, BGBl. No 9/1992, as last amended by the Federal Law BGBl. N ° 16/2013, shall be amended as follows:

1. In § 2 para. 2 Z 4 and § 16 para. 3, before the word "Courts" the word "ordinary" inserted.

2. In Section 13 (2), the word "Appointments" by the word "Complaints" and the phrase 'has to decide in second and last instance the State Police Directorate' through the phrase "The Regional Administrative Court decides" replaced.

3. In § 15 (7) and § 17 (4), the last sentence is deleted.

4. In Section 17 (6), the phrase "the Administrative Court" through the phrase "The State Administrative Court and against its recognition Revision to the Administrative Court" replaced and the following final sentence added:

"The State Administrative Court of the country in which the person concerned was registered with the main residence in the event of the initiation of the complaints procedure is responsible for the local authorities."

(5) In § 22 (3), before the word "Courts" the word "ordinary" inserted.

(6) The following paragraph 14 is added to § 23:

" (14) § 2 para. 2 Z 4, § 13 para. 2, § 16 para. 3, § 17 paragraph 6 and § 22 para. 3 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. January 2014 in force; at the same time, § 15 (7), last sentence, and § 17 (4), last sentence, repeal. "

Article 8

Amendment of the Name Change Act

The Name Change Act-NÄG, BGBl. No. 195/1988, as last amended by the Federal Law BGBl. N ° 16/2013, shall be amended as follows:

1. § 3 para. 2 Z 1 reads:

" 1.

in the case of paragraph 1 Z 4, a change of name pursuant to section 2 (1) Z 5, 7 to 9a is requested; "

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

"(2) The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law."

3. In § 11, paragraph 5 is given in the version of the Federal Law BGBl. I n ° 16/2013 the sales designation "(6)" and it shall be added in accordance with paragraph 6 (new) of the following paragraph 7:

" (7) § 3 paragraph 2 Z 1 in the version of the Federal Law BGBl. I No 161/2013 shall enter into force at the end of the day of the event, but at the earliest with 1 April 2013 (with the Z 5 of Article 8 of the Child and Name Rights Amendment Act 2013 being simultaneously deleted). § 7 in the version of the Federal Law BGBl. I n ° 161/2013 comes with 1. Jänner 2014 in force. "

Article 9

Amendment of the PassAct 1992

The Passgesetz 1992, BGBl. N ° 839/1992, as last amended by the Federal Law BGBl. I No 60/2012, shall be amended as follows:

1. In the table of contents, in the entry to § 22 the word "Instantiation" by the word "Complaints" replaced.

2. In Section 17 (1), the phrase " § 73 (2) of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51 " through the phrase " § 8 of the Administrative Court Procedure Law-VwGVG, BGBl. I No 161/2013 " replaced.

3. § 22 together with the title is:

" Procedural Provisions for the Representative Authorities; complaints

§ 22. (1) In the case of the official acts referred to in § 16 (1) and Article 19 (5), the following shall apply to the representative authorities by way of derogation from the AVG:

1.

Section 10 (1) of the last sentence of the AVG applies only to persons authorized in Austria to professional party representation.

2.

Delivery shall be effected by handing over to the Authority or, in so far as the international exercise allows it, by postal or electronic means; if this is not possible, it shall be carried out by the office of the Authority.

3.

§ § 76 to 78 AVG are not to be applied.

(2) The Landesverwaltungsgericht (Regional Administrative Court) shall decide on complaints against charges pursuant to this Federal Act. "

4. In § 22b (4), before the word "Courts" the word "ordinary" inserted.

5. The following paragraph 16 is added to § 25:

" (16) § 17 para. 1, § 22 including the title, § 22b para. 4 as well as the entry in the table of contents to § 22 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 10

Amendment of the Personal Status Act 2013

The Personal Status Law 2013-PStG 2013, BGBl. N ° 16/2013, shall be amended as follows:

1. In the table of contents, in the entries for the title of the 3. Section of the 1. Main piece and section 73, in each case before the word "Courts" the word "ordinary" inserted.

2. In the table of contents, in the entry to § 7 before the word "Courts" the word "Ordinary" inserted.

3. In the table of contents, in the entry to § 49, before the word "Courts" the word "ordinary" inserted.

4. In Section 3 (2), the word order shall be "the civil status authority of the first instance" through the phrase "-apart from the cases of para. 4-the municipality" replaced.

5. In § 3 (4), the word sequence shall be deleted "First Instance" .

6. § 4 reads:

" § 4. The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law. "

7. In the heading to the 3. Section of the 1. Main item shall be before the word "Courts" the word "ordinary" inserted.

8. In the title to § 7 and in § 73 shall be in each case before the word "Courts" the word "Ordinary" inserted.

9. In § 7 (1), before the word "Courts" the word "Ordinary" and before the word "Courts" the word "ordinary" inserted.

10. In Section 7 (3), the phrase "can courts" through the phrase "can ordinary courts" and the phrase "for the courts" through the phrase "for the ordinary courts" replaced.

11. In § 8 (1) and (2), the following shall be taken before the word "Courts" the word "ordinary" inserted.

12. In § 11 (5) before the word "Court" the word "ordinary" inserted.

13. In § 20 (2) the quote shall be "20" by quoting "11" replaced.

(13a) The following paragraph 3 is added to § 25:

" (3) § 18 (2) and (3) shall apply mutatily. If witnesses have been attached, they shall also be included in the minutes. "

14. In § 30 Z 6, before the word "Court" the word "ordinary" inserted.

15. In § 33 shall be before the word "Court" the word "ordinary" and before the word "Courts" the word "ordinary" inserted.

16. In § 47, para. 2 and § 49, in each case before the word "Courts" the word "ordinary" inserted.

17. In § 48, in paragraph 1, Z 4, the quote "§ 147" by quoting "147" , in paragraph 1 Z 6 the quote "§ 38 (3) or (4)" by quoting "§ 38 (4) or (5)" , in para. 2 Z 9 the quote "Z 7 to 10" by quoting "Z 7 and 8" , in paragraph 8 Z 3 the quote "Z 7 to 10" by quoting "Z 7 and 8" , in paragraph 8 Z 5 the quote "§ 38 (4)" by quoting "§ 38 (4) or (5)" and in paragraph 13, the quote "1 to 11" by quoting "1 to 12" replaced.

18. In the heading to § 49, before the word "Courts" the word "ordinary" inserted.

19. In Section 52 (2) of the Z 5, according to the words "Partnership" and "concerns" A dash is set.

20. In § 57 (1) Z 10, before the word "Court" the word "ordinary" inserted.

21. In § 61, in para. 2 after the word order "necessary" a point and, in paragraph 6, the quote " 4 " by quoting " 5 " replaced.

22. In § 67 (4), before the word "Courts" the word "ordinary" inserted.

23. In § 67 (5), before the word "Court" the word "ordinary" inserted.

24. In § 68 (3), before the word "Courts" the word "ordinary" inserted.

25. In § 71 (1) and in the heading to § 73, the following shall be taken before the word "Courts" the word "ordinary" inserted.

25a. In Art. 10 (Amendment of the Personal Status Act 2013), section 72 (1) before the word order "continue to apply" the phrase "except § 41 (4)" inserted.

26. The following paragraph 6 is added to § 72:

" (6) § 20 para. 2, § 25, § 48 para. 1, 2, 8 and 13, § 52, § 61 para. 2 and 6, § 72 para. 1, § 73 with headline as well as § 79 Z 1 in the version of the Federal Law BGBl. No. 161/2013 arise with 1 November 2013, § 3 para. 2 and 4, § 4, § 7 para. 1 and 3 with the title, § 8 para. 1 and 2, § 11 para. 5, § 30 Z 6, § 33, § 47 para. 2, § 49 with the title, § 57 para. 1 Z 10, § 67 para. 4 and 5, § 68 para. 3, § 71 para. 1 and the Title of 3. Section of the 1. Main item as well as the entries in the table of contents to § § 7, 49, 73 and the title of the 3. Section of the 1. Main piece in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force; the orders of the Federal Law BGBl. I n ° 161/2013 are to be understood as referring to the version of the provisions of this Federal Act, which it is based on by the Personal Status Law 2013-PStG 2013, BGBl. I n ° 16/2013. "

27. In § 73, the quote "1 to 7" by quoting "1 to 6" and the quote "8, 9 and 10" by quoting "7 to 9" replaced.

28. In § 79 becomes in Z 1 after the quote "7," the citation "8," inserted, the citation "30 Z 7 and Z 9" by quoting "33" replaces and eliminates the quotations "48 (8)," , "51," and "64," .

Article 11

Amendment of the Police Custody Compensation Act

The Police Enforcement Compensation Act, BGBl. No 735/1988, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 3 (2) and § 12 (2), before the word "Court" the word "ordinary" inserted.

2. In § 5 (1) the word order shall be "in court" through the phrase "in the ordinary court" replaced.

3. In Section 8 (2), the word order shall be " § 1 (1) Z 2 of the Procuration Act, StGBl. No. 172/1945 " through the phrase " § 2 para. 1 Z 6 of the Financial Procuration Act-ProkG, BGBl. I No 110/2008 " replaced.

4. In Section 8 (3), the phrase "AVG 1950" through the phrase " The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

5. In § 8 (4) and § 11 (4), the word order shall be "in the case of administrative or constitutional court" in each case by the word sequence "at the Federal Administrative Court" replaced.

6. In § 9 (2), before the word "Courts" the word "ordinary" inserted.

7. In Section 11 (2), the number of "1950" .

8. The following paragraph 5 is added to § 17:

" (5) § 8 (2) and (3) as well as § 11 paragraph 2 in the version of the Federal Law BGBl. I n ° 161/2013 shall enter into force with the end of the month of the customer's presentation of this Federal Act. § 3 (2), § 5 (1), Section 8 (4), § 9 (2), § 11 (4) and § 12 (2) in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 12

Amendment of the Police Cooperation Act

The Police Cooperation Act-PolKG, BGBl. I n ° 104/1997, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 8 (4), before the word "Courts" the word "ordinary" inserted.

2. In § 17, the phrase in paragraph 1 shall be followed by the following: "the independent administrative senate" through the phrase "the Administrative Court" and in paragraph 2, the phrase "independent administrative senates" by the word "Landesverwaltungsgericht" replaced.

(3) The following paragraph 8 is added to § 20:

" (8) § 8 (4) and § 17 (1) and (2) in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 13

Amendment of the pyrotechnic law 2010

The Pyrotechnic Law 2010-PyroTG 2010, BGBl. I n ° 131/2009, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In the table of contents, the entry to the second section of the 1. Main item as well as to § 6 the word "Instantiation" by the word "Complaints" replaced.

2. In the heading to the second section of the 1. The main item shall be the word "Instantiation" by the word "Complaints" replaced.

3. § 6 together with headline reads:

" Complaints

§ 6. The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law. "

4. In § 10 (1), before the word "Courts" the word "ordinary" inserted.

5. In § 16 (4), before the word "Court" the word "ordinary" inserted.

6. In § 40 (1), before the word "Courts" the word "ordinary" inserted.

(7) The following paragraph 4 is added to § 45:

" (4) The heading to the second section of the 1. The main part, § 6 including the title, § 10 (1), § 16 (4), § 40 (1) and the entries in the table of contents to the second section of the 1. Main piece and to § 6 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 14

Amendment of the Security Policy Act

The Security Policy Act-SPG, BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. In the table of contents, in the entry to § 14a the word order "Instanzenzug in affairs of the security police" through the phrase "Complaints against defamation" , in the entry to section 86 the word order is deleted "First Instance" and will be the phrase in the entry to section 91 " , Entry Law and Revision " .

Section 14a together with the title reads:

" Complaints against shelling

§ 14a. The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against security policy decisions. "

3. In § § 24 (1) Z 4, 35 (1) Z 5 lit. a and 57 para. 1 Z 9 shall be the citation "§ 146b ABGB" by quoting "§ 162 (1) ABGB" replaced.

(4) In Section 38a (6), the word order shall be "in court" through the phrase "in the ordinary court" replaced.

5. In § 38a, paragraph 8 shall be referred to in the words "Court" and "Court" the word "ordinary" and in paragraph 9 before the word "Court" the word "ordinary" inserted.

6. In Section 49c (4), the word shall be: "vocation" by the word "Complaint" replaced.

7. In § 53a (6), § 58b (2), Section 58c (2) and Section 58d (2), the following shall be taken before the floor: "Courts" the word "ordinary" inserted.

8. In § 58b (2) the word order shall be "the Asylum Court" through the phrase "the Federal Administrative Court" replaced.

9. In Section 60 (2), the word order shall be deleted "in first instance" .

10. In Section 77 (2), the phrase "On the other hand, an appeal is not allowed" through the phrase "A complaint against it does not result in a suspensive effect" replaced.

11. In § 85, before the word "Courts" the word "ordinary" inserted.

12. In the heading to § 86, the phrase "First Instance" .

13. In § 88, the word order is given in para. 1 and 2. "independent administrative senates" in each case by the word "Landesverwaltungsgericht" , in para. 1 the citation "129a" by quoting "130" as well as in paragraph 3, the phrase "independent administrative senate" by the word "State Administrative Court" is replaced and is paragraph 4:

" (4) The time limit for the collection of a complaint shall be six weeks. It shall begin with the date on which the person concerned becomes aware of the infringement of the law but, if he was impeded by the exercise of direct administrative and enforcement authority, from his right to appeal. , with the omission of this disability. The complaint shall be submitted to the Regional Administrative Court. "

14. In Section 89, paragraph 1 shall be followed by the following words: "the independent administrative senate" and "the independent administrative senate" in each case by the word sequence "the State Administrative Court" , in paragraph 2, the phrase "independent administrative senate" by the word "State Administrative Court" , in paragraph 4, the phrase "independent administrative senates" by the word "Landesverwaltungsgericht" as well as the phrase "The Independent Administrative Senate" through the phrase "The State Administrative Court" shall be replaced by paragraph 5.

15. In § § 90 and 91d (3) the word "Data Protection Commission" in each case by the word "Data Protection Authority" replaced.

16. The following sentence is added to § 90:

"The Federal Administrative Court shall decide on complaints against the authority of the data protection authority."

17. In the heading to § 91, the phrase " , Entry Law and Revision " .

18. § 91 (1) and (1a) are:

" § 91. (1) The Federal Minister of the Interior may object to decisions of the Administrative Courts on complaints in accordance with § § 88, 89 or 90, both in favour and to the detriment of the person concerned, to the Administrative Court. The revision period shall begin with the notification of the decision to the Authority.

(1a) The Federal Minister of the Interior may, in place of the Authority, enter into proceedings before the Federal Administrative Court against decisions of the Data Protection Authority on complaints pursuant to Section 90. "

19. In § 91, the word order is deleted in paragraph 2 " , which are no longer subject to the modification in the instance train, " and shall, in paragraph 2, the phrase "the Administrative Court" through the phrase "the State Administrative Court and against its findings revision to the Administrative Court" and the word "Complaint period" through the phrase "Appeal or revision period" replaced.

20. The following paragraph 36 is added to § 94:

" (36) § 14a including title, § 38a, § 49c paragraph 4, § 53a para. 6, § 58b paragraph 2, § 58c para. 2, § 58d paragraph 2, § 60 para. 2, § 77 para. 2, § 85, the title to § 86, § 88 para. 1 to 4, § 89 para. 1, 2 and 4, § 90, § 91 (1), 1a and 2 with headline, § 91d para. 3 as well as the entries in the table of contents to § 14a, § 86 and § 91 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. January 2014 in force; at the same time, Section 89 (5) repeals. "

Article 15

Amendment of the Explosives Act 2010

The Explosives Act 2010-SprG, BGBl. I n ° 121/2009, as last amended by the Federal Law BGBl. I No 17/2013, shall be amended as follows:

1. In Section 38 (1), the word order shall be deleted "in first instance" .

2. § 38 (2) reads:

"(2) The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law."

3. In § 43 (1), before the word "Court" the word "ordinary" inserted.

4. In § 44 (1), before the word "Courts" the word "ordinary" inserted.

(5) The following paragraph 4 is added to § 47:

" (4) § 38 (1) and (2), § 43 (1) and § 44 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 16

Amendment of the State Border Law

The State Border Law, BGBl. No. 9/1974, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. In § 18, the quote shall be "AVG 1950" through the phrase " The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

2. In § 19 the number of "1950" .

3. § 20 deleted.

4. In § 21 (1) the word "vocation" through the phrase "Complaint to the Administrative Court" replaced.

5. In § 22 Z 3 as well as § 30 Z 1, 2 and 5 the word order shall be "Buildings and Technology" in each case by the word sequence "Economy, Family and Youth" , and in § 30 Z 3 after the word "State Defense" the phrase "and Sport" inserted.

6. In § 30 Z 2, the accordiation shall be after the quote "§ 18" by the word "and" replaces and eliminates the word sequence " , and section 20 (2) " .

7. The following heading is inserted before § 31:

"Final Provisions"

8. The previous text of § 31 will be the sales designation "(1)" , and the following paragraph 2 is added:

" (2) § § 18, 19, 22 Z 3 as well as § 30 Z 1 to 3 and 5 in the version of the Federal Law BGBl. I n ° 161/2013 shall enter into force with the end of the month of the customer's presentation of this Federal Act. Section 21 (1) in the version of the Federal Law BGBl. I n ° 161/2013 comes with 1. January 2014 in force; at the same time, § 20 repeals. "

Article 17

Amendment of the Criminal Records Act 1968

The Criminal Records Act 1968, BGBl. No. 277/1968, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 2 (1) (4) and (4) (1) and (5), the following shall be made: "Courts" the word "ordinary" inserted.

2. In § 2 (3), § 3 (1) and § 9a (1) (1) (1) (1), before the word "Courts" the word "ordinary" inserted.

3. In § 3 (2a), § 5 (2), § 11a, § 12 and § 13b (2), the following shall be taken before the floor: "Court" the word "ordinary" inserted.

4. In § 3 (4a), § 4 (2), § 6 Z 1 and 2, § 7 and § 13b (3), before the word "Court" the word "ordinary" inserted.

5. § 10 (4) deleted.

6. In § 13b (1), before the word "Court" the word "ordinary" inserted.

7. In accordance with § 13b, the following § 13c and title shall be inserted:

" Complaints

§ 13c. The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law. "

8. The following paragraph 12 is added to § 14:

" (12) § 2 (1) (4) and (3), § 3 (1), (2a) and (4a), § 4 (1), (2) and (5), § 5 (2), § 6 (1) and (2), § 7, § 9a (1) (1), (1), (11a), § 12, § 13b (1), (2) and (3), and § 13c, as amended by the Federal Law BGBl (Federal Law). I n ° 161/2013 are due to 1. January 2014 shall enter into force; at the same time, Section 10 (4) shall be repeal. "

Article 18

Amendment of the Vereinsgesetz 2002

The Vereinsgesetz 2002-VerG, BGBl. I n ° 66/2002, as last amended by the Federal Law Gazette (BGBl). I No 50/2012, shall be amended as follows:

1. In Section 9 (1), the word order shall be deleted "in first instance" .

2. In Section 9 (2), the word "Appointments" by the word "Complaints" and the phrase "the State Police Directorate in last instance" through the phrase "the State Administrative Court" replaced.

3. In § 11, the quote shall be "§ 4" by quoting "§ 2 Z 4" replaced.

4. § 12 (4) last sentence reads:

"A complaint lodged against such a communication does not have suspensive effect."

5. The last sentence is deleted in Section 13 (2).

6. In § 16 (1), § 17 (1), § 18 (2) and (3) as well as § 19 (1), the word sequence shall be deleted. "First Instance" .

7. The following final sentence shall be added to Article 19 (5):

"A complaint lodged against such a communication does not have suspensive effect."

(8) The following paragraph 12 is added to § 33:

" (12) § 11 in the version of the Federal Law BGBl. I n ° 161/2013 shall enter into force with the end of the month of the presentation of this Federal Law. § 9 (1) and (2), § 12 (4), § 16 (1), § 17 (1), § 18 (2) and (3) and § 19 (1) and (5) in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. January 2014 in force; at the same time, Section 13 (2) of the last sentence will be repeal. "

Article 19

Amendment of the Law on Assembly 1953

The Gathering Act 1953, BGBl. N ° 98/1953, as last amended by the Federal Act BGBl. I No 50/2012, shall be amended as follows:

1. § 18 reads:

" § 18. The Landesverwaltungsgericht (Regional Administrative Court) decides on complaints against shelling under this federal law. "

2. In § 19a shall be before the word "Court" the word "ordinary" inserted.

(3) The following paragraph 5 is added to § 21:

" (5) § § 18 and 19a in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. Jänner 2014 in force. "

Article 20

Amendment of the Weapons Act 1996

The Weapons Act 1996-WaffG, BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I n ° 115/2012, shall be amended as follows:

1. In the table of contents, in the entry to § 49 the word "Instantiation" by the word "Complaints" replaced.

2. In § 8 (4) and § 12 (5) (1) (1), before the word "Court" the word "ordinary" inserted.

2a. The following paragraph 5 is added to § 11:

" (5) Sporty purposes within the meaning of paragraph 2 also include membership in a traditional Schützenvereinigung; an authorization pursuant to para. 2 for a member of a traditional Schützenvereinigung is based on the provisions of section 35 (2) Z 3 Scope is limited. "

2b. In § 23, the following paragraph (2b) is inserted after the following paragraph (2a):

" (2b) In order to allow the holder of a gun possession card to possess more firearms of category B than previously permitted and there is no reason to grant a greater number of guns already in accordance with paragraph 2, he shall be responsible for the exercise of the Shooting sports a not more than two larger but a total of five not exceeding numbers, if

1.

have elapsed since the previous fixing of the number of at least five years,

2.

there are no transgressions of the Weapons Act,

3.

it can be made credible for the safe custody of the greater number of firearms to be made. "

3. In § 12, the word in paragraph 3 shall be: "vocation" by the word "Complaint" Replaces and replaces paragraph 7 of the word order "in first instance" .

4. In § 25 (5) Z 1 the word sequence shall be deleted. "the Authority" .

5. In § 25 (5) Z 2 the quote shall be: " § § 57 and 64 (2) of the General Administrative Procedure Act 1991-AVG, BGBl. No. 51 " by quoting " § 57 of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, and Section 13 (2) of the Administrative Court Procedure Law-VwGVG, BGBl. I No 33/2013 " replaced.

6. In § 38 (5) and § 39 (3), the term of the word shall be deleted. "First Instance" .

7. In Section 39 (2), the word order shall be "In carrying out the procedure, the AVG shall apply with the exception of § § 76 to 78; the" by the word "The" is replaced by the last sentence.

8. According to Article 39 (2), the following paragraph 2a is inserted:

" (2a) By way of derogation from the AVG, when carrying out the procedure before the competent Austrian representative authority:

1.

Section 10 (1) of the last sentence of the AVG applies only to persons authorized in Austria to professional party representation.

2.

Delivery shall be effected by handing over to the Authority or, in so far as the international exercise allows it, by postal or electronic means; if this is not possible, it shall be carried out by the office of the Authority.

3.

§ § 76 to 78 AVG are not to be applied. "

9. In Section 41 (3), the word "vocation" by the word "Complaint" replaced.

10. In Section 47 (3), the phrase "is the AVG-with the exception of § § 76 to 78-to be applied" through the phrase "applies § 39 (2a)" is replaced by the last sentence.

11. § 49 together with headline reads:

" Complaints

§ 49. (1) About complaints against the Federal Minister for National Defence and Sport pursuant to § § 18 (2) and (44) and the German Federal Minister of State Defense and Sport or the Federal Minister of the Interior pursuant to § 42b, the Federal Administrative Court.

(2) The Landesverwaltungsgericht (Regional Administrative Court) decides on all other complaints against shelling under this federal law. "

12. In § 50 (1), before the word "Court" the word "ordinary" inserted.

13. In § 51 (1), before the word "Courts" the word "ordinary" inserted.

13a. In § 58 (6) the phrase "within 12 months" through the phrase "within 36 months" to replace it.

14. The following paragraph 10 is added to § 58:

" (10) For the repeal of one before the 1. Jänner 2014 issued a gun ban in accordance with § 12 is the authority responsible for issuing the arms ban in the first instance. "

15. The following paragraphs 15 and 16 are added to § 62:

" (15) § 8 (4), § 12 (3), (5) (1) and (7), § 25 (5), § 38 (5), § 39 (2), (2a) and (3), § 41 (3), § 47 (3), § 49 including the title, § 50 (1), § 51 (1), § 58 (10) and the entry in the table of contents to § 49 in the version of the Federal Law BGBl. I n ° 161/2013 are due to 1. January 2014 in force; at the same time, the last sentence of section 39 (2) and the last sentence of section 47 (3) of this sentence are repeal.

(16) § § 11 (5), 23 (2b) and 58 (6) in the version of the Federal Law BGBl. I No 161/2013 shall enter into force with the day following the event. "

Article 21

Amendment of the Wappengesetz

The Wappengesetz, BGBl. No 159/1984, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. In § 8, before the word "Courts" the word "ordinary" inserted and the phrase "Appointments of the Landeshauptmann" through the phrase "Complaints shall be decided by the Regional Administrative Court" replaced.

(2) The following paragraph 3 is added to § 11:

" (3) § 8 in the version of the Federal Law BGBl. I n ° 161/2013 comes with 1. Jänner 2014 in force. "

Article 22

Amendment of the Civil Service Act 1986

The Civil Service Act 1986-ZDG, BGBl. N ° 679/1986, as last amended by the Federal Law BGBl. I No 87/2012, shall be amended as follows:

1. In Section 2a (4):

" (4) The Federal Administrative Court decides on complaints against the defamation of the Civil Service Agency. Complaints against admissions or dismissal of the Civil Service Service Agency have no suspensive effect. This also applies to requests for applications filed in appeal proceedings against such complaints. In such cases, the Federal Administrative Court shall, at the request of the appellant, grant the suspensive effect of the appeal with a decision if the non-compelling public interest is contrary to the law and, after consideration of the public interests and the interest of the party with the enforcement of the contested decision would be a disproportionate disadvantage. "

2. In § 5a (2), before the word "Court" the word "ordinary" inserted.

3. § 8 (1), last sentence shall be deleted.

4. In § 31 (3), § 44 (1), § 45 (1) and (2), § 46, § 47 (2), (3) and (4), § 48 (3), § 49 (1), § 50, § 51 (1), § 53, and § 54 (2), the word shall be given in each case. "Civil Service Complaints" through the phrase "Independent Advisory Council on Civil Service Complaints Matters" replaced.

5. In § 34 (3), the word order shall be deleted "and in second instance the Federal Minister for National Defense and Sport" .

(6) The following paragraph 4 is added to § 34:

"(4) The Federal Administrative Court shall decide on complaints against the defaming of the military personnel pursuant to paragraph 3."

7. In § 37 (1), § 45 (3) and § 54 (1), the word "Civil Service Complaint" in each case by the word sequence "Independent Advisory Council on Civil Service Complaints Matters" replaced.

8. In § 37 (2), § 44 (1), § 47 (1) and Section 57a (3) Z 5, the word "Civil Service Complaint" in each case by the word sequence "Independent Advisory Council on Civil Service Complaints Matters" replaced.

9. In the heading to Section VII and in Section 43 (1), the word shall be: "Civil Service Complaint" in each case by the word sequence "Independent Advisory Council on Civil Service Complaints Matters" replaced.

Section 43 (2) reads as follows:

"(2) The Independent Advisory Board on Civil Service Complaints Matters shall deal with complaints pursuant to section 37 and make recommendations to the Federal Minister for Home Affairs on their execution."

11. In § 47 (5), § 49 (1), § 51 (2) and § 52 (1) and (2), the word "Members of the Council" in each case by the word "Advisory Board" replaced.

12. The following sentence shall be added to section 54 (2):

"The Federal Minister for Home Affairs can inform the Chairman about the items of management."

13. In Section 57a (3) Z 3, the word order shall be "Independent Administrative Senate" by the word "Administrative Courts" and the phrase "as an Appellate Authority" through the phrase "within the framework of a complaint under this federal law" replaced.

14. In § § 60 and 70, before the word "Courts" the word "ordinary" inserted.

15. The following paragraph 11 is added to § 76b:

" (11) The proceedings pending before 31 December 2013 in the case of the Civil Service Complaint shall be as from 1. Jänner 2014 from the Independent Advisory Board on Civil Service Complaints. "

16. The following paragraph 30 is added to section 76c:

" (30) § 2a (4), § 5a (2), § 31 (3), § 34 (3) and (4), § 37 (1) and (2), the title of Section VII, § 43 (1) and (2), § 44 (1), § 45 (1), (2) and (3), § 46, § 47 (1), 2, 3, 4 and 5, § 48 (3), § 49 (1), § 50, § 51 (1) and 2, § 52 (1) and (2), § 53, § 54 (1) and (2), § 57a (3) (3) and (5) and § § 60, 70 and 76b (11) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2013 are due to 1. January 2014 in force; at the same time, Section 8 (1) of the last sentence will be repeal. "

Fischer

Faymann