Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Economy, Family And Youth

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz - Bundesministerium für Wirtschaft, Familie und Jugend

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_129/BGBLA_2013_I_129.html

129. Federal law that modifies the audit quality assurance Act, the Engineer Act 2006, the vocational training Act, the measure and calibration law, the measurement law, the electrical Law 1992, the competition act and the mineral raw material law (Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry for economy, family and youth)

The National Council has decided:

Table of contents



Article 1 amendment of the audit quality assurance Act article 2 amendment of the engineering Act 2006 article 3 amendment to the vocational training Act article 4 modification of measurement and calibration law article 5 amendment of the measurement law article 6 modification of the electrical engineering Law 1992 article 7 amendment to the competition act article 8 amendment of the mineral raw material act article 1

Amendment of the audit quality assurance Act

The audit quality assurance Act, Federal Law Gazette I no. 84/2005, amended by Federal Law Gazette I no. 89/2011, is amended as follows:

1. paragraph 10 section 6:

"The Working Committee for external quality audits to issue a written notice has (6) over the refusal of recognition."

2. paragraph 10 section 9:

"The Working Committee for external quality audits to issue a written notice has (9) over the withdrawal of recognition."

3. paragraph 15 paragraph 1a:

"(1a) is an offence in accordance with article 18a, paragraph 1 by an auditor, who at the audit firm either is hired, when partner is listened to or otherwise with this associated, realized this, is to issue a certificate for the Auditors, indicating that the auditors who carried out these facts, is not covered by this certificate. This certificate is to be issued a written opinion"

4. paragraph 16 paragraph 1:

"(1) the Working Committee for external quality audits can arrange independently measures a grant of a certificate. On the order of measures has the Working Committee for external quality audits to issue a written notice. The arrangement of activities can be done, if



1 defects was evidence of validated test operation or 2. when carrying out external quality inspection violated the provisions of this Federal Act or the quality assurance policy in accordance with section 22."

5. paragraph 16 paragraph 5:

"(5) the Auditors checked or validated audit firm is to listen to before the arrangement of a measure in accordance with paragraph 2."

6 paragraph 17 para 2:

"(2) over the refusal of the certificate a written opinion is to be issued by the Working Committee for external quality audits. The grounds of this decision that circumstances and conditions to lead, which can lead to obtaining a certificate are."

7 paragraph 18 para 2:

"(2) over the withdrawal of the certificate a written opinion is to be issued by the Working Committee for external quality audits. The grounds of this decision that circumstances and conditions to lead, which can lead to obtaining a certificate are."

8 § 18a para 2 and 3 is:

"(2) the Working Committee for external quality audits has a written opinion to adopt concerning the withdrawal of the certificate of an auditor.

(3) in the case of realisation of Act structure referred to in paragraph 1 by a statutory auditor, an audit firm has the Working Committee for external quality audits to issue a written notice. In this decision, the Working Committee for external has quality checks in denying that the auditors who carried out an offence referred to in paragraph 1, is no longer covered by the certificate of the Auditors in accordance with § 15. A new certificate for the audit firm is to exhibit with the legal force of this decision by the Committee. This new certificate has to be that the auditors who carried out the offence referred to in paragraph 1, is no longer covered by this certificate."

9. in article 18a, paragraph 6 the reference is "according to § 20 paragraph 6 Z 16" by reference "pursuant to § 20 paragraph 6 Z 18" replaced.

10 paragraph 18c together with the heading:

"Authorities

§ 18c. (1) authorities are



1. the Working Committee for external quality inspections, and 2. the quality control agency as the supervisory authority for statutory auditors and audit firms.

(2) the public supervision of the quality assurance system is in the last instance of the quality control authority. Procedure on appeals against decisions of the Working Committee for external quality audits, party position comes to the quality control authority as an official party. The quality inspection authority may charge against findings of the Handelshof article revision 133 B-VG.

(3) the Federal Administrative Court recognizes on appeals against decisions of the Working Committee for external quality audits and the quality control authority."

11 paragraph 20 paragraph 1:

"(1) at the Federal Ministry of economy, family and youth, a quality control authority is set up." In the Federal Ministry for economy, family and youth a secretariat with sufficient human resources facilities is for the quality inspection authority to establish."

12 paragraph 20 paragraph 6:

"(6) the quality control agency has the following tasks to perform:"



1 taking note of recent orders and decisions of the nullity and revocation an order to the quality auditor pursuant to § 5 para 3, 2. decisions on the admissibility of a proposal to appoint a quality inspector in accordance with § 5 par. 5, 3 orders of quality inspectors in accordance with § 5 par. 5, 4. receipt of reports in accordance with § 9 para 3, 5. taking note of recognition as quality Auditors pursuant to § 10 para 4 , 6 notice of revocation of recognition as quality Auditors, 7 withdrawal request in accordance with section 10 para 8 No. 6, 8 notice of issued certificates in accordance with § 15 para 3, 9 revocation of certificates issued in accordance with section 15 (4), 10 taking note of measures pursuant to § 16 para 2, 11 notice of announcements according to § 16 para 8, 12 acceptance of messages according to § 18 b, 13 receipt of activity reports and arranging the supervision of examinations according to § 19 paragraph 6 , 14 receipt of notices pursuant to section 19 para 8, 15 approval of the rules of procedure, in accordance with section 19 para 10, 16 monitoring of the adequacy and the functioning of the quality assurance system, make recommendations regarding the development and improvement of the quality assurance system and the structure of the quality assurance policy in accordance with section 22, 17 18 create of an annual public report, with the overall results of external quality assurance system in accordance with §§ 2-18a and the investigations pursuant to § 20 paragraph 7 to March 31 of the following year in the Internet on the website of the quality control authority "to publish 19 maintaining of the public register, 20 releases to the rectification of the transparency report in accordance with § 24 para 3, are, 21 receiving ads pursuant to § 24 para 4 and 22 body responsible for European and international cooperation in matters of external quality inspection, public supervision and the special checks of final examinations in the meaning of this federal law."

13. in article 20 paragraph 11 Z 3 is the reference "according to § 20 paragraph 6 Z 16" by reference "pursuant to § 20 paragraph 6 Z 18" replaced.

14 § 20B is eliminated.

15 paragraph 25 paragraph 8:

"(8) the Working Committee for external quality audits has the evidence on their completeness check. After review of the application referred to in paragraph 3 has the Working Committee for external quality checks of the Chamber of Auditors for the purpose of carrying out the suitability test to submit the documents. Are the evidence was not fully provided, has the Working Committee for external quality audits to obtain the missing certificates, setting a reasonable time limit. Is not providing the evidence within the reasonable period of time. the application for admission to the fitness test by a decision to reject"

16 paragraph 25 paragraph 13:

"The Working Committee decides (13) on the approval of statutory auditors which are approved in another Member State of the European communities or in another Contracting State to the agreement on the European economic area or Switzerland, for external quality inspections with notice."

17 § 25a paragraph 4 reads:

"The Working Committee decides (4) on the approval of audit firms that are approved in another Member State of the European communities, in a Contracting State of the agreement on the European economic area or Switzerland, for external quality inspections with notice."

18 paragraph 25 b subsection 6:


"(6) the Working Committee for external quality audits has the evidence on their completeness check. Then has the Working Committee for external quality audits to the application with the full evidence of the quality control authority submit. The quality control agency has to make the entry in the public register in accordance with section 23 paragraph 4 b. Are the evidence was not fully provided, has the Working Committee for external quality audits to obtain the missing certificates, setting a reasonable time limit. Is not provision of evidence within the reasonable period of time. the application for admission decision to reject"

19 § 25c paragraph 3 is as follows:

"(3) the Working Committee for external quality audits has the evidence on their completeness check. Then the Working Committee for external users has to send the application with the full evidence of the quality control quality checks. The quality control agency has perform the registration entry in the public register in accordance with section 23 paragraph 4 b. Are the evidence was not fully provided, has the Working Committee for external quality audits to obtain the missing certificates, setting a reasonable time limit. Is not provision of evidence within the reasonable period of time. the application for admission decision to reject"

20. in section 25 d para 3 the phrase "Appeal of the appeal" is replaced in the seventh sentence the phrase "Appeal has the Governor" by the phrase "Appeal the administrative courts of the countries have" by the phrase "Appeal of the appeal", as well as in the eighth set of.

21. in Article 25f par. 3 No. 4, the word "Privacy Commission" is replaced by the word 'Data protection authority'.

22 paragraph 27 par. 2 and 3:

"Administrative offence (2) a fine amounting to 400 to EUR 5 000 to criminal commits, who"



1 violates article 1 b paragraph 4 the Working Committee for external quality audits submitted no written proof, or 2 accepts an order to the final examination referred to in section 4 subsection 3 without a certificate referred to in section 15 or 3. the Working Committee for external quality audits the presentation of the measures taken in accordance with § 16 para 2a not timely writing displays or 4th against the requirement of § 23 para 5 violates or violates 5th against the obligation of section 23, paragraph 7 or 6 against the requirement of § 24 para violates 1 or 7 against section 24 (4) violates or contravenes 8 against a reporting obligation on the basis of a regulation in accordance with section 22.

(Administrative offence 3) a fine of 5 000 to 50 000 euros to criminal commits, who



1 without upright certificate performs audits or 2 the competent authorities is not granted the requested information or not delivered the required documents or 3rd makes the competent authorities against false or incomplete information or 4. grants no access to his business premises the competent authorities, the Senior investigative body or the expert or violates 5 .als quality inspector § 6."

23. in article 27a, paragraph 3 the phrase replaces "The Chairman of the disciplinary board has" "The Chairman of the disciplinary board and the Diszplinaroberrates have" the word order.

24. the section 31 be added following paragraph 4 to 6:

"(4) § 10 par. 6 and 9, § 15 par. 1a, article 16, paragraph 1 and 5, § 17 para 2, § 18 para 2, § 18a 2, 3 and 6, section 18c, § 20 para 1 and 6, § 20 paragraph 11 Z 3, § 25, subsection 8 and 13, section 25a paragraph 4, section 25 b para 6, § 25c para 3, § 25 d section 3, Article 25f par. 3 No. 4, section 27, paragraph 2 and 3 and section 27a para 3 as amended by Federal Law Gazette I no. 129/2013 become most" 1 January 2014 into force.

(5) § occurs at the end of 31 December 2013 override 20b.

(6) by 1 January 2014, the quality control is rebuilt. The members and alternate members of the quality inspection authority as of 1 January 2014 are back ordered for the remainder of the last major order duration."

Article 2

Amendment of the engineering Act of 2006

The engineering Act 2006, Federal Law Gazette I no. 120/2006, is amended as follows:

1. before the heading to § 1 the outline title eliminates "1st phase" and the accompanying heading "title"Ingenieur".

2. in section 3 para 3 No. 1 and in article 4, paragraph 1, the phrase "Federal Minister for Economics and labour" is replaced by the phrase "Federal Ministry of economy, family and youth".

3. paragraph 5 together with the heading:

"Administrative offences

5. (1) commits an administrative offence to criminal up to 15,000 euros by the district administrative authorities with a fine of 200 euro, who



1 the title "Ingenieur", attaches his name also in groups of words or phrases, without being entitled to do so, or 2 as association or Corporation leads the title "Ingenieur", in short form, in its name, without being entitled to do so in the sense of § 1 para 4, or 3 leads the designation of "HTL engineer" or "HLFL engineer", without being entitled to do so, or 4. so runs the label "-HTL engineer", or "HLFL engineer" ", thus faked permission to the management of academic degree."

4. in paragraph 8, the phrase "of the 1st section" is omitted.

5. in paragraph 9, the phrase "of the 1st section" is omitted.

6. in article 11, is omitted the phrase "of the 1st section" and the phrase "Federal Minister for Economics and labour" will be replaced by the phrase "Federal Ministry of economy, family and youth".

Article 3

Amendment to the vocational training Act

The vocational training Act, Federal Law Gazette No. 142/1969, as last amended by Federal Law Gazette I no. 74/2013, is amended as follows:

1 in section 3a, paragraph 3, fifth sentence is the phrase "the right of appeal is against the decision and against the appeal decision the right of appeal in accordance with article 131 sec. 2 B-VG due to illegality to." by the phrase "you stand against the right of appeal in accordance with article 130 B-VG and against the realization of the administrative court the revision in accordance with article 133 B-VG due to illegality to." replaced.

2. in article 4, paragraph 6, second sentence, the phrase is "against this decision the right of appeal and against the appeal decision the right of appeal in accordance with article 131 para. 2 B-VG due to illegality." by the phrase "against that decision the right of appeal in accordance with article 130 B-VG and against the realization of the administrative court revision in accordance with article 133 B-VG due to illegality." replaced.

3. in article 8, paragraph 13, the last sentence is omitted.

4. in article 8, paragraph 14, the last sentence is omitted.

5. in article 19, paragraph 6, last sentence is the phrase "the right of appeal is against the decision and against the appeal decision the right of appeal in accordance with article 131 sec. 2 B-VG due to illegality to." by the phrase "you stand against this decision the right of appeal in accordance with article 130 B-VG and against the realization of the administrative court the revision in accordance with article 133 B-VG due to illegality to." replaced.

6 paragraph 19 paragraph 8:

"(8) objectively consider upcoming top authorities are the provincial governors and the Federal Minister of economy, family and youth." "The country Chambers of trade and industry and the apprenticeship offices are in care of whether these tasks in accordance with article 120 b paragraph 2 B-VG bound by instructions of the Federal Ministry of economy, family and youth."

7 paragraph 19 paragraph 10:

"(10) the official acts of the apprenticeship offices as well as in the appeal in accordance with article 130 B-VG parent administrative courts are exempt from federal administration fees."

8. in article 20, paragraph 6, the phrase "the right of appeal to the Governor." by the phrase is "the right of appeal in accordance with article 130 B-VG and against the realization of the administrative court the revision in accordance with article 133 B-VG due to illegality." replaced.

9. in article 23, paragraph 5, the last sentence is:

"Against that decision it is the right of appeal in accordance with article 130 B-VG and against the realization of the administrative court the revision in accordance with article 133 B-VG due to illegality."

10 paragraph 5 deleted § 29.

11. in article 36 the following paragraph 9 is added:

"(9) I will take no. 129/2013 article 3, para. 3, art. 4 par. 6, § 8 paragraph 13 and 14, § 19 paragraph 6, 8 and 10, § 20 paragraph 6, § 23 para 5 and § 29 par. 5 amended by Federal Law Gazette 1 January 2014 effect."

Article 4

Change of the measurement and calibration Act

The measurement and calibration law, BGBl. No. 152/1950, as last amended by Federal Law Gazette I no. 28/2010, is amended as follows:

1 the following paragraph 6 is added to § the 32:

"The Federal Administrative Court rules (6) on legal remedies against decisions of the be. The country's administrative court decides on appeal in proceedings pursuant to § 63."

2. paragraph 63 paragraph 2:


"(2) against penal decisions or the available of set of criminal proceedings the appeal at the Administrative Court of the country is the out. Findings in the criminal proceedings against the Administrative Court of the country is the Federal Minister for economy, family and youth empowered to maintain a uniform jurisdiction, appeal to the administrative court."

The following paragraph 4 is added to § 3. 71:

"Para 2 step (4) articles 32, paragraph 6 and 63 on 1 January 2014 into force."

Article 5

Amendment of the measurement law

The measurement law, BGBl. No. 306/1968, as last amended by Federal Law Gazette I no. 31/2012, is amended as follows:

1 paragraph 3 section 4:

"The Federal Administrative Court will decide (4) appeals against decisions of the surveying authorities. The country's administrative court decides on appeal in proceedings pursuant to § 51."

2. paragraph 51 paragraph 4:

"(4) in the cases of paragraph 1 and 2 the remedy of appeal to the Administrative Court of the country stands to the Bundesamt für Eich - und Vermessungswesen against the decision of the administrative penalty authority."

The following paragraph 11 is added to § 3. 57:

"Paragraph 4 step (11) sections 3 (4) and 51 on 1 January 2014 into force."

Article 6

Change of the electrical engineering Act of 1992

The electrical engineering Law 1992 - ETG 1992, Federal Law Gazette No. 106/1993, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

In § 17 paragraph 4, the word "Appeal" is replaced by the word "Complaint".

Article 7

Amending the competition act

The Competition Act, Federal Law Gazette I no. 62/2002, as last amended by Federal Law Gazette I no. 13/2013, is amended as follows:

1 in § 11a paragraph 3, second sentence is replaced by the term "Complaint" the term "Vocation".

2. § 11a paragraph 6 reads:

"(6) against decisions of the Federal competition authority after para 3 to 5, the appeal of the appeal to the Federal Administrative Court is allowed."

3. paragraph 7 eliminates § 11a.

4 the following paragraph 6 is added to the article 21:

"I no. 129/2013 (6) § 11a paragraph 3 and § 11a paragraph 6 in the version of Federal Law Gazette with 1 January 2014 into force. § 11a paragraph 7 shall with effect override."

Article 8

Amendment of the mineral raw materials Act

The mineral raw material act, Federal Law Gazette I no. 38/1999, as last amended by Federal Law Gazette I no. 144/2011, is amended as follows:

1. in article 81 Nos. 1 and 2, article 116, par. 3 No. 4 and section 119, subsection 12 is the last sentence each the term "Complaint" replaced by the expression "Revision".

2. paragraph 7 eliminates § 121.

3. in article 149, paragraph 6, second sentence, and paragraph 7 last sentence the expression "Appeal" is replaced by the expression "Appeal".

4. paragraph 171:

"§ 171 (1) exclusively upper-underground mining and processing basic own mineral resources is, unless provided in the following paragraphs and any other provision of this Federal Act intended, authority, the announced land (land parts) Z 2 district administration authority in whose district referred to are article 80 paragraph 2. The jurisdiction of two or more district authorities would be given, then to the district administrative authority is responsible to their administrative announced plots (plot parts) area stretching Z 2 according to article 80 paragraph 2 for the most part.

(2) as far as it is the only upper-day gains and prepare basic own mineral resources, is the provincial Governor in the following cases:



1. approval of operating plans, if you span in these daily procedures and measures two or more districts.

2. approval of mining equipment, which extends over two or more administrative districts.

(3) the Federal Minister for economy, family and youth is responsible except in the cases expressly mentioned in this federal law:



1. approval of operating plans, if you span in these daily procedures and measures two or more provinces.

2. approval of mining equipment, which span two or more provinces.

3. If a natural occurrence of mineral resources is obtained below and top tags and a mutual influence of underground and surface-underground mining is given."

5. in section 179, paragraph 4, the term "Appeals" is replaced by the expression "Complaints".

6 § 223 25 the following paragraph is added:

"(25) §§ 81 Nos. 1 and 2, 116 para 3 Z 4, 119 paragraph 12, § 171 and 179 paragraph 4 as amended by Federal Law Gazette I no. 129/2013 into force on 1 January 2014." § 121 paragraph 7 occurs at the end of 31 December 2013 override."

Fischer

Faymann