Change Of The Management Trust Profession Act And The Civil Engineers Chamber Act 1993

Original Language Title: Änderung des Wirtschaftstreuhandberufsgesetzes und des Ziviltechnikerkammergesetzes 1993

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121. Federal law be changed with the economic trust professional law and the civil engineers Chamber Act 1993

The National Council has decided:

Table of contents



Article 1 amendment to the business trust profession Act article 2 amendment to the civil engineers Chamber Act 1993 article 1

Change of the management trust profession Act

The economic trust vocational Act, Federal Law Gazette I no. 58/1999, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1. in the table of contents, the entry will be "§ 121 disciplinary Council - disciplinary High Council" replaced by "§ 121 disciplinary Council", eliminates the entry "§ 123 disciplinary Oberrat", eliminates the entry "section 140 appellate oral negotiation" and deleted the entry 'section 176a party status of the Chamber of Auditors'.

2. § 3 para 1 No. 3 is:



"3. the representation in tax - and duty criminal proceedings for federal, State and municipal taxes and State aid matters before the tax authorities, other local authorities and administrative courts, where reliance on the authorization replaces their documentary evidence," 3 section 3 para 2 No. 3 is:



"3. the advice and representation in contributions, insurance and performance issues of the social security funds, including representation before the administrative courts," 4. § 3 par. 2 is no. 7:



"7. the representation in the institutions of the labour market service, the professional organisations, the regional tourism association and other competent authorities in Economic Affairs and offices, including representation before the administrative courts, as far as this directly related to fiduciary economy work performed for the same principal," 5. § 18 para 2 is omitted and paragraph 3 shall be the sales designation (2).

6 § 19 para 4 is omitted, paragraph 5 receives the sales designation (4) and is:

"(4) the provisions of paragraphs 1 to 3 shall apply also for nationals of an EU or EEA Contracting Party."

7 § 30 Z 5 lit. e is:



"(e) basic principles of constitutional and administrative law with a focus on proceedings before administrative courts and the Supreme Administrative Court and principles of environmental law and" 8 § 35 Z 5 lit. e is:



"(e) basic principles of constitutional and administrative law with a focus on proceedings before administrative courts and the Supreme Administrative Court and principles of environmental law," 9th § 38 paragraph 5 is:

"(5) the audit Commissioners can be found in the district



"1. the professionals, 2. the staff of the higher financial service, 3. the members of the Federal Finance Court, 4. the University teacher for relevant subjects and 5 other outstanding professionals of the area."

10 paragraph 39 paragraph 4:

"(4) the audit Commissioners can be found in the district



"1. the professional groups, 2. the staff of the higher financial service, 3. the members of the Federal Finance Court, 4. the staff of financial market supervision, 5. the Professor for relevant subjects and 6 other outstanding professionals of the area."

11. in article 57, the sales designation (1) is eliminated and paragraph 2 deleted.

12 § 63 para 3 is cancelled.

13 in section 79, the sales designation (1) does not apply and section 2 is omitted.

14 § 85 para 6 is cancelled.

15 § repeals 90 para 5.

16. in article 93, paragraph 7, the second and third movements are eliminated.

17. in article 97, paragraph 8, accounts for the third, fourth and fifth set.

18 § 99 para para 4 is omitted and paragraph 5 receives the sales designation (4).

19 in section 100, the sales designation (1) does not apply and section 2 is omitted.

20 eliminates § 104 paragraph 3 and paragraph 4 is paragraph labeled (3).

21 § 105 para 4 is cancelled.

22 section is repealed 112 paragraph 6.

23 § 121 together with heading is as follows:

"Disciplinary Council

§ 121. The punishment of professional offences listed in § 120 has to be carried out by the Disciplinary Committee of the Chamber of Auditors."

24 § 123 including heading shall be repealed.

25 paragraph 124:

"The members of the disciplinary board are 124 (1) to be appointed by the Board of Directors of the Chamber of Auditors not later than three months after his election from among the voters Board members. The function of the previous members ends with the order.

(2) each Member of the Board is obliged to accept his appointment as a member of the Disciplinary Committee. After the expiry of a term of Office, a new order may be refused.

(3) the members of the disciplinary board are to pledge by the President of the Chamber of Auditors. "You have Office independently, free from any order to perform conscientiously and impartially and secrecy about which to preserve them in disciplinary proceedings known circumstances."

26 paragraph 125:

"125. (1) an order by Board officials to members of the disciplinary board is not permitted.

(2) membership is allowed only to a Senate of the Disciplinary Committee.

(3) members of the disciplinary board, a disciplinary hearing, a procedure for revocation of the order, criminal proceedings for one of the offences listed in article 9 or a suspension procedure was instituted against that, may not exercise their function up to the end of its residents.

(4) is the disciplinary proceedings with a condemnatory realization or the strafgerichtliche procedure legally concluded with a conviction or the suspension has legally been or permission to the independent practice of a business trust profession is extinguished, the membership of the disciplinary board shall expire at this time. This also applies in the event of the suspension of the occupation authority.

(5) for the exclusion and objection from members of the Disciplinary Committee the rules of the 2nd main piece, section 4, of the code of criminal procedure 1975, Federal Law Gazette No. 631, apply by analogy to are beyond."

27 paragraph 126:

"§ 126. The function as a member of the Disciplinary Committee can be used only for important reasons. The Board of Directors of the Chamber of Auditors decision decides on the admissibility of the completion. Against this decision an appeal is not allowed."

28 paragraph 127:

"section 127. In the retirement of a member of the Disciplinary Committee in the course of the term of Office of the Board of Directors of the Chamber of Auditors has promptly undertake a subsequent occupation of the concerned function."

29 paragraph 129:

"The Chairman of the Disciplinary Committee have 129. (1) to make the necessary for the proper management and to represent the Disciplinary Council. You are responsible to the Board of Directors of the Chamber of Auditors for conducting business.

(2) the firm shops of the Disciplinary Committee have the Chamber Office to lead."

30 paragraph 136 paragraph 2:

"(2) the Conference is public."

31 § 140 along with heading shall be repealed.

32. paragraph 151 para 3 Z 3 is:



"3. the order of the members of the Disciplinary Committee," 33. § 153 para 4 and 5 and paragraph 6 receives the sales designation (4).

34. § cancels 168 paragraph 10.

35. paragraph 173 paragraph 10:

"(10) in the statutes of the pension plans more detailed provisions about the composition of the committees, the application of contributions to the pension funds, management and disposition of contributions, the activity of the inspection actuary and the height, the laying down of the conditions and the procedure for the granting of the envisaged benefits to meet are on the basis of §§ 153 and 173."

36. paragraph 175 paragraph 4:

"(4) (constitutional provision) the Chairman of the disciplinary rate have to provide information about the status of a disciplinary or the outcome of the courts and public prosecutor's offices at the request at any time."

37. section 176a and heading shall be repealed.

38. section is lifted 205 para 5.

39. section repeals 214 para 5.

40. § 222 para 5 is cancelled.

41. the following paragraph 9 is added to § the 227:

"(9) changes the table of contents and the article 3 par. 1 Z 3, 3 para 2 No. of 3, 3 para 2 No. 7, 18, 19, 30 Z 5 lit." e, 35 Z 5 lit. e, 38 para of 5, 39 paragraph 4, 57, 79, 93, 97, 99, 100, 104, 121 together with heading, 124, 125, 126, 127, 129, 136 para 2, 151 para 3 Z 3, 153, 173 paragraph of 10 and 175 paragraph 4 (constitutional provision) as amended by Federal Law Gazette I no. 121/2013 with 1 January 2014 into force. "The articles 63, para 3, 85 para of 6, 90 paragraph 5, 105 para 4, 112 paragraph 6, 123 including heading, 140 along with heading, 168 paragraph 10, 176a, including heading, 205 para 5, 214 para 5 and 222 paragraph 5 appear at the end of 31 December 2013 override."

Article 2

Amendment of the civil engineers Chamber Act 1993

The civil engineers Chamber Act 1993, BGBl. No. 157/1994, as last amended by Federal Law Gazette I no. 4/2013, is amended as follows:

1. § 11 par. 4 Z 6 is eliminated and which is named "6" old No. 7.

2. paragraph 17 section 5:

"(5) the management of the support fund is separate from that of the other assets of the Chamber and is the Chamber Board of Directors."

3. § 18 para 2 No. 4 is omitted and the previous Z received the designation of "4", "5", "6", "7" and "8" 5, 6, 7, 8 and 9.


4. paragraph 20:

"§ Are 20 institutions of the Federal Chamber:"



"1 the President (section 21), 2. the Bureau (§ 22), 3. the Board of Directors (§ 23), 4. Chamber day (§ 24), 5. the Federal section (§ 25), 6 the Chairperson section (section 27), 7 the Board of Trustees of charitable institutions (§ 30) and 8 the Auditors (§ 53)."

5. § 30 para 5 is cancelled.

6 paragraph 43 paragraph 3:

"(3) the validity of an election may be contested in writing within two weeks after the announcement of the election result in the Chamber News by every group of voters in the Electoral Commission by opposition. On the election process of testing the provisions of the General Administrative Procedure Act find 1991, BGBl. No. 51, in the amended application. In the election review process are all constituencies of parties involved in the contested election. The Election Commission has to explain the choice as far as invalidated, as is an illegality of the election procedure, which was the result of influence. With the annulment of the election is arranged, what parts of the Election Act for a new election to make."

7 paragraph 45 paragraph 4:

"(4) the election of the delegates of the Board of Trustees of charities has to be carried out in a secret ballot at the meeting of the Board of the Chamber. Nominations shall be compensated for at the meeting and must be signed by one-fourth of the members of the Chamber Board of Directors."

8 § 54 para 2 subpara 2 is:



"2. unlawful decisions and orders except those of the disciplinary board to waive;"

9 section 58 is repealed.

10 paragraph 59 paragraph 1:

"Section 59 (1) for the exclusion and objection of the members of the anti-fraud shall apply the provisions of the 1st part, main piece 2, section 4, of the code of criminal procedure 1975, BGBl. No. 631, amended, mutatis mutandis."

11 paragraph 62 para 3:

"(3) against the introduction of the disciplinary procedure, no appeal is allowed."

12 paragraph 66 paragraph 3:

"(3) in the referral decision the accusation points must be definitely stated and referred to the decrees, which are to meet to prepare the hearing. Against the referral decision no appeal is allowed."

13 paragraph 67 paragraph 2:

"(2) the accused may request, allowing access to the negotiating three Chamber members of his confidence."

14 paragraph 70:

"§ 70. (1) the knowledge with the main reasons for the decision is to announce immediately by the Chairman of the Senate."

(2) by the President of the Senate signed written copies of the decision are to make to the accused and the disciplinary prosecutor within three weeks.

(3) the written copy of the decision has an appeal pursuant to section 61, paragraph 1, of the General Administrative Procedure Act 1991 (AVG), Federal Law Gazette to No 51/1991, as amended, contain. For the appeal, the provisions of § 61 para 2 to 4 apply AVG.

(4) a timely introduced and allowed appeal has suspensive effect."

15. the sections 71 and 72 along with headings be lifted.

16 paragraph 73:

"§ 73. The Chairman of the disciplinary board, his Deputy, as well as the disciplinary prosecutor and have enclosed legally qualified person the Commissioner of investigation if they are not members of an upper Chamber to get a reasonable compensation to be determined in each case by the Chamber Board of Directors."

17 paragraph 74:

'74. The costs of the disciplinary proceedings are in the event of a fault saying of the sentenced person to apply in all other cases by the upper Chamber. You are in by analogy with application of the 5th part, measured 18 showpiece, the code of criminal procedure 1975, BGBl. No. 631, in the currently valid version."

18 according to § 77 para 4, the following paragraph 4 f e is inserted:

"(4f) the article 11, paragraph 4, 17 par. of 5, 18 para of 2, 20, 43 par. of 3, 45 ABS. 4, 54 paragraph 2 Z 2, 59 paragraph 1, 62 para of 3, 66 par. 3, 67 paragraph 2, 70, 73 and 74 as amended by Federal Law Gazette I no. 121/2013 with 1 January 2014 into force." The articles 30, paragraph 5, 58, 71 and 72 occur at the end of 31 December 2013 override."

Fischer

Faymann