Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Economy, Family And Youth

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

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129. Federal Law, with which the Audit Quality Assurance Act, the Engineering Act 2006, the Vocational Training Act, the Measure and Verification Act, the Surveying Act, the Electrotechnic Act 1992, the Competition Act and the The law on mineral raw materials is amended (Administrative Court Adaptation Act-Federal Ministry for Economic Affairs, Family and Youth)

The National Council has decided:

table of contents

Article 1

Amendment of the statutory audit-quality assurance law

Article 2

Amendment of the Engineering Act 2006

Article 3

Amendment of the Vocational Training Act

Article 4

Amendment of the Measure and Verification Act

Article 5

Amendment of the Surveying Act

Article 6

Amendment of the Electrotechnic Act 1992

Article 7

Amendment of the Competition Act

Article 8

Amendment of the Mineral Raw Materials Act

Article 1

Amendment of the statutory audit-quality assurance law

The statutory audit quality assurance law, BGBl. I No 84/2005, as last amended by BGBl. I n ° 89/2011, is amended as follows:

1. § 10 (6) reads:

"(6) The Working Committee for External Quality Checks has to issue a written communication on the failure of the recognition."

Section 10 (9) reads as follows:

"(9) The Working Committee for External Quality Checks has to issue a written communication on the revocation of recognition."

Section 15 (1a) reads as follows:

" (1a) Where an auditor is either employed or otherwise associated with the audit firm in accordance with Article 18a (1), a certificate shall be issued for the purpose of the audit firm, which shall be required to: the audit firm, which states that the auditor who carried out the facts is not covered by this certificate. Such a certificate shall be issued in writing. "

4. § 16 (1) reads:

" (1) The Working Committee for external quality audits may order measures independently of the issue of a certificate. The working committee for external quality audits has to issue a written communication on the arrangement of measures. The arrangement of measures may be carried out if:

1.

Deficiencies in the audited audit operation are available or

2.

in the course of carrying out the external quality inspection, the provisions of this Federal Law or the Quality Assurance Directive have been violated in accordance with Section 22. "

5. § 16 (5) reads:

"(5) The audited auditor or the audited audit firm shall be consulted prior to the arrangement of a measure pursuant to paragraph 2."

6. § 17 para. 2 reads:

" (2) The employment committee for external quality audits shall be required to issue a written communication on the failure of the certificate. In the explanatory statement of this decision, the circumstances and conditions which may lead to the obtaining of a certificate shall be found. "

7. § 18 para. 2 reads:

" (2) A written communication shall be issued by the Working Committee for External Quality Checks on the revocation of the certificate. In the explanatory statement of this decision, the circumstances and conditions which may lead to the obtaining of a certificate shall be found. "

8. § 18a (2) and (3) reads:

" (2) The Working Committee on external quality audits has to issue a written communication on the withdrawal of a certificate from a auditor.

(3) In the event of the achievement of a condition pursuant to paragraph 1 by a statutory auditor of an audit firm, the Working Committee for External Quality Checks has to issue a written communication. In this communication, the working committee for external quality audits has to agree that the auditor, who has carried out a crime in accordance with paragraph 1, no longer collects the certificate of the audit company in accordance with § 15 is. With the legal force of this decision, a new certificate for the examination company shall be issued by the working committee. This new certificate shall show that the auditor, who has carried out the facts in accordance with paragraph 1, is no longer covered by this certificate. "

9. In § 18a (6), the referral "pursuant to § 20 (6) Z 16" by the referral "pursuant to § 20 (6) Z 18" replaced.

10. § 18c together with headline reads:

" Authorities

§ 18c. (1) Authorities are

1.

the work committee for external quality audits and

2.

the quality control authority as a supervisory authority for statutory auditors and audit firms.

(2) Public oversight of the quality assurance system shall be the responsibility of the last instance of the quality control authority. In proceedings concerning complaints against the proceedings of the Employment Committee for external quality audits, the quality control authority as the party party is party. The quality control authority may object to the findings of the Federal Administrative Court in accordance with Art. 133 B-VG revision.

(3) The Federal Administrative Court shall accept complaints against the employment of the Employment Committee for external quality audits and the quality control authority. "

Article 20 (1) reads as follows:

" (1) A quality control authority is to be set up in the Federal Ministry for Economic Affairs, Family and Youth. In the Federal Ministry for Economic Affairs, Family and Youth, a place of business with sufficient human resources is to be set up for the quality control authority. "

12. § 20 (6) reads:

" (6) The quality control authority shall carry out the following tasks:

1.

Take note of orders made and decisions concerning the nullity and revocation of an order to the quality inspector pursuant to § 5 (3),

2.

Decisions concerning the admissibility of a proposal for the appointment of a quality inspector pursuant to Article 5 (5),

3.

Orders of quality inspects pursuant to § 5 (5),

4.

Receipt of reports pursuant to § 9 (3),

5.

Acceptance of recognitions as quality inspectors in accordance with § 10 (4),

6.

Knowledge of revocation of recognition as a quality inspector,

7.

Revocation requests pursuant to § 10 para. 8 Z 6,

8.

Identification of certificates issued in accordance with § 15 (3),

9.

Revocation of certificates issued in accordance with § 15 (4),

10.

Taking note of measures pursuant to § 16 (2),

11.

Knowledge of communications pursuant to § 16 (8),

12.

Receipt of notifications pursuant to Section 18b,

13.

Receipt of activity reports and instigation of the supervision of examinations pursuant to section 19 (6),

14.

Receipt of communications pursuant to section 19 (8),

15.

Approval of the Rules of Procedure pursuant to Article 19 (10),

16.

monitoring of the adequacy and functioning of the quality system,

17.

submission of recommendations concerning the development and improvement of the quality assurance system and the design of the quality assurance directive in accordance with § 22,

18.

Creation of an annual public report, whereby the overall results of the external quality assurance system in accordance with § § 2 to 18a and the special investigations pursuant to § 20 (7) to the 31st of March of the following year on the Internet on the website of the the quality control authority shall be published;

19.

the management of the public register;

20.

Communications on the rectification of the transparency report pursuant to § 24 (3),

21.

Receipt of advertisements pursuant to section 24 (4) and

22.

competent authority for European and international cooperation in matters of external quality control, public oversight and special investigations of statutory audits within the meaning of this Federal Law. "

13. In § 20 para. 11 Z 3, the referral "pursuant to § 20 (6) Z 16" by the referral "pursuant to § 20 (6) Z 18" replaced.

14. § 20b deleted.

15. § 25 (8) reads:

" (8) The work committee for external quality audits has to check the evidence for its completeness. After verification of the application in accordance with paragraph 3, the working committee for external quality audits of the Chamber of Economic Scatterers shall submit the documents for the purpose of carrying out the aptitude test. If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. In the case of non-provision of the proof within the reasonable time limit, the application for admission to the aptitude test must be rejected. "

16. § 25 (13) reads:

" (13) The authorisation of statutory auditors authorised in another Member State of the European Communities or in another State Party to the Agreement on the European Economic Area or Switzerland shall take a decision on the admission of auditors to the Work Committee for External Quality Checks. "

17. § 25a (4) reads:

" (4) The authorisation of audit firms authorised in another Member State of the European Communities, in a State Party to the Agreement on the European Economic Area or in Switzerland, shall be decided by the Commission. Work Committee for External Quality Checks. "

18. § 25b (6) reads:

" (6) The work committee for external quality audits has to check the evidence for its completeness. The work committee for external quality audits then has to submit the application with the full evidence of the quality control authority. The quality control authority shall make the registration in the public register in accordance with Section 23 (4b). If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. If the evidence is not submitted within the appropriate time limit, the application for authorisation must be rejected. "

Section 25c (3) reads as follows:

" (3) The work committee for external quality audits has to check the evidence for its completeness. The work committee for external quality audits then has to submit the application with the full evidence of the quality control authority. The quality control authority shall carry out the registration by registering in the public register in accordance with Section 23 (4b). If the evidence has not been provided in full, the working committee for external quality audits has to demand the missing evidence on the basis of a reasonable period of time. If the evidence is not submitted within the appropriate time limit, the application for authorisation must be rejected. "

20. In Section 25d (3), the phrase shall be the phrase in the seventh sentence "Appeal of appeal" through the phrase "Appeal of appeal" and in the eighth sentence, the phrase "Appointment of the Governor of the State" through the phrase "Complaint has the administrative courts of the countries" replaced.

21. In Section 25f (3) Z 4, the word shall be: "Data Protection Commission" by the word "Data Protection Authority" replaced.

22. § 27 (2) and (3) reads:

" (2) An administrative surrender punishable by a fine of EUR 400 to 5 000 shall be subject to:

1.

, contrary to Section 1b, paragraph 4, no written proof has been submitted to the Working Committee for external quality audits, or

2.

adopt an order for the final examination in accordance with § 4 (3) without the existence of a certificate in accordance with § 15, or

3.

the work committee for external quality checks does not indicate in time the representation of the measures taken in accordance with § 16 (2a) in writing, or

4.

is in breach of the obligation of Section 23 (5); or

5.

is in breach of the obligation of Section 23 (7); or

6.

is in breach of the obligation of Section 24 (1); or

7.

in breach of Section 24 (4), or

8.

is contrary to a reporting obligation pursuant to a regulation in accordance with § 22.

(3) An administrative surrender punishable by a fine of EUR 5 000 to 50 000 shall be subject to the following:

1.

without an upright certificate, carry out statutory audits or

2.

does not provide the competent authorities with the information requested or does not transmit the required documents, or

3.

give false or incomplete information to the competent authorities, or

4.

the competent authorities, the competent investigative body or the experts do not grant access to its premises; or

5

.as a quality inspector in breach of § 6. "

23. In § 27a (3) the word order shall be "The Chairmen of the Disciplinary Council and the Diszplinaroberrat" through the phrase "The Chairman of the Disciplinary Board has" replaced.

(24) The following paragraphs 4 to 6 are added to § 31:

" (4) § 10 para. 6 and 9, § 15 para. 1a, § 16 para. 1 and 5, § 17 para. 2, § 18 para. 2, § 18a para. 2, 3 and 6, § 18c, § 20 para. 1 and 6, § 20 para. 11 Z 3, § 25 para. 8 and 13, § 25a para. 4, § 25b paragraph 6, § 25c para. 3, § 25d para. 3, § 25f paragraph 3 Z 4, § 27 para. 2 and 3 and § 27a (3) in the version of the Federal Law BGBl. I n ° 129/2013 will be 1. Jänner 2014 in force.

(5) § 20b shall expire on the expiry of 31 December 2013.

(6) With 1. The quality control authority will be re-established in January 2014. Members and substitute members of the Quality Control Board for 1. Jänner 2014 is reordered for the rest of the most recent period of order. "

Article 2

Amendment of the Engineering Act 2006

The Engineering Act 2006, BGBl. I n ° 120/2006, is amended as follows:

1. Before the heading to § 1, the description of the classification shall be deleted " 1. Section " and the attached heading "Stands name" Engineer " .

2. In Section 3 (3) (1) (1) and in Section 4 (1), the word order shall be "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Economic Affairs, Family and Youth" replaced.

3. § 5 together with the title is:

" Administrative transgressions

§ 5. (1) An administrative surrender punishable by the district administrative authorities with a fine of EUR 200 up to EUR 15 000 shall be carried out;

1.

the name "engineer", also in word groups or word links, adds to his name without being entitled to do so, or

2.

as an association or corporation, the term "engineer", even in short form, leads in his name without being entitled to do so within the meaning of Section 1 (4), or

3.

the name "Diplom-HTL-Ingenieur" or "Diplom-HLFL-Ingenieur", without being entitled to do so, or

4.

The term "Diplom-HTL-Ingenieur" or "Diplom-HLFL-Ingenieur" leads to the fact that the authorization to lead an academic degree is prefaked. "

4. In § 8 the word order is deleted " the 1. Section ".

5. In § 9 the word order is deleted "the first section" .

6. In § 11, the word sequence shall be deleted "the first section" and becomes the phrase "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Economic Affairs, Family and Youth" replaced.

Article 3

Amendment of the Vocational Training Act

The Vocational Training Act, BGBl. No. 142/1969, as last amended by the Federal Law BGBl. I No 74/2013, shall be amended as follows:

1. In Section 3a (3) of the fifth sentence, the word order shall be "You are entitled to the right of appeal against the decision and the right of appeal against the appeal pursuant to Art. 131 (2) B-VG for illegality." through the phrase "You are entitled to the right of appeal in accordance with Art. 130 B-VG and against the recognition of the Administrative Court to the revision in accordance with Art. 133 B-VG for illegality." replaced.

2. In § 4 (6), second sentence, the word order shall be "against this decision the right of appeal and against the appellate notice the right of appeal pursuant to Art. 131 (2) B-VG for illegality." through the phrase "against this communication the right of appeal pursuant to Art. 130 B-VG and against the recognition of the Administrative Court the revision pursuant to Art. 133 B-VG due to illegality." replaced.

3. The last sentence is deleted in Section 8 (13).

4. In § 8 (14), the last sentence is deleted.

5. In § 19, paragraph 6, last sentence, the word order "You are entitled to the right of appeal against the decision and the right of appeal against the appeal pursuant to Art. 131 (2) B-VG for illegality." through the phrase "The right of appeal pursuant to Art. 130 B-VG against this decision and against the recognition of the Administrative Court shall be subject to the revision in accordance with Art. 133 B-VG for illegality." replaced.

6. § 19 (8) reads:

" (8) The provincial capitals and the Federal Minister for Economic Affairs, the Family and Youth are the main authorities in question. The provincial chambers of the commercial economy and the apprentice offices are bound by instructions of the Federal Minister for Economic Affairs, Family and Youth in the case of concern for these tasks in accordance with Art. 120b (2) B-VG. "

7. § 19 (10) reads:

"(10) The official acts of the apprentice offices as well as the administrative courts superordinated in the instance train pursuant to Art. 130 B-VG are exempted from federal administrative charges."

8. In Section 20 (6), the phrase "the right of appeal to the provincial governor." through the phrase "the right of appeal pursuant to Art. 130 B-VG and against the recognition of the Administrative Tribunal the revision in accordance with Art. 133 B-VG for illegality." replaced.

9. In § 23 (5) the last sentence is:

"The right of the appeal pursuant to Art. 130 B-VG and against the recognition of the Administrative Court shall be subject to the right of appeal against this communication in accordance with Art. 133 B-VG for illegality."

10. § 29 (5) deleted.

11. In § 36, the following paragraph 9 is added:

" (9) § 3 (3), § 4 (6), § 8 (13) and (14), § 19 (6), (8) and (10), Section 20 (6), Section 23 (5) and Section 29 (5) in the version of the Federal Law BGBl. I n ° 129/2013 will be 1. Jänner 2014 in force. "

Article 4

Amendment of the Measure and Verification Act

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

(1) The following paragraph 6 is added to § 32:

" (6) The Federal Administrative Court shall decide on appeals against the criminal proceedings of the calibration authorities. The administrative court of the country shall decide on appeals in proceedings pursuant to § 63. "

2. § 63 (2) reads:

" (2) The administrative court of the country shall be entitled to appeal to the administrative court of the country against criminal knowledge or the disposition of a criminal proceedings. The Federal Minister for Economic Affairs, Family and Youth has the power to raise a uniform case-law in order to bring a review to the Administrative Court against the findings of the administrative court of the country in criminal proceedings. "

(3) The following paragraph 4 is added to § 71:

" (4) § § 32 (6) and 63 (2) shall take place on the 1. Jänner 2014 in force. "

Article 5

Amendment of the Surveying Act

The Surveying Act, BGBl. No. 306/1968, as last amended by the Federal Act BGBl. I No 31/2012, shall be amended as follows:

1. § 3 (4) reads:

" (4) The Federal Administrative Court shall decide on appeals against the defamation of the surveying authorities. The administrative court of the country shall decide on appeals in proceedings pursuant to § 51. "

Section 51 (4) reads as follows:

"(4) In the cases referred to in paragraphs 1 and 2, the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) is entitled to appeal to the Administrative Court of the Land against the decision of the Administrative Criminal Authority."

(3) The following paragraph 11 is added to § 57:

" (11) § § 3 (4) and 51 (4) shall occur on the 1. Jänner 2014 in force. "

Article 6

Amendment of the Electrotechnic Act 1992

The Electrical Engineering Act 1992-ETG 1992, BGBl. N ° 106/1993, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

In Section 17 (4), the word "vocation" by the word "Complaint" replaced.

Article 7

Amendment of the Competition Act

The Competition Act, BGBl. I n ° 62/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 13/2013, shall be amended as follows:

1. In § 11a (3), second sentence, the term "vocation" by the term "Complaint" replaced.

Section 11a (6) reads as follows:

"(6) The appeal of the appeal to the Federal Administrative Court shall be admissible in the case of the Federal Competition Authority referred to in paragraphs 3 to 5."

Article 11a (7) shall not apply.

(4) The following paragraph 6 is added to § 21:

" (6) § 11a (3) and § 11a (6) in the version of the Federal Law BGBl. I n ° 129/2013 will be 1. Jänner 2014 in force. Section 11a (7) shall not enter into force with 1.1.2014. "

Article 8

Amendment of the Mineral Raw Materials Act

The Mineral Raw Materials Act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I No 144/2011, is amended as follows:

1. In § 81 (1) and (2), § 116 (3) (4) and (119) (12) of the last sentence, the following expression shall be given: "Complaint" by the expression "Revision" replaced.

Section 121 (7) is deleted.

3. In § 149 (6), second sentence, and (7) last sentence, the expression "vocation" by the expression "Complaint" replaced.

4. § 171 reads:

" § 171. (1) For the exclusively upper-day extraction and processing of basic mineral raw materials, unless otherwise specified in the following paragraphs and in another provision of this Federal Law, the Authority shall be responsible for the District managing authority, in whose administrative district the known land (parts of the land) are located in accordance with § 80 (2) Z 2. If, after that, the competence of two or more district administrative authorities were to be granted, the district administrative authority is responsible for the administrative district of which the known land (parts of the land) according to § 80 (2) (2) (2) (2) (2) (2) extend to the vast majority of the area.

(2) Insofar as this is exclusively the upper-day profits and the preparation of basic mineral raw materials, the Governor of the Land shall be responsible in the following cases:

1.

Approval of operational plans where the work and measures provided for in these plans extend over two or more of the administrative districts.

2.

Approval of mining facilities extending over two or more administrative districts.

(3) The Federal Minister for Economic Affairs, the Family and Youth is responsible, except in the cases expressly mentioned in this Federal Law:

1.

Approval of operational plans if the work and measures provided for in these plans extend over two or more federal states.

2.

Approval of mining facilities which cover two or more federal states.

3.

If a natural occurrence of mineral raw materials is obtained under-and on the upper day of the day and there is a reciprocal influence on the underground and upper-day extraction. "

5. In § 179 (4), the expression "Appointments" by the expression "Complaints" replaced.

Section 223 is added to the following para. 25:

" (25) § § 81 Z 1 and 2, 116 para. 3 Z 4, 119 para. 12, § 171 and 179 (4) in the version of the Federal Law BGBl. I n ° 129/2013 will be 1. Jänner 2014 in force. Section 121 (7) shall expire at the end of 31 December 2013. "

Fischer

Faymann