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, which amalgles the Law on Economic Scatter Law and the Civil Engineer Act 1993

The National Council has decided:

table of contents

Item

1 Amendment of the Economic Scatter Trade Act

Item

2 Amendment of the Civil Engineering Act 1993

Article 1

Amendment of the Economic Scatter Trade Act

The Economic Scattering Trade Act, BGBl. I n ° 58/1999, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. In the table of contents, the entry "§ 121 Disciplinary Council-disciplinary board" replaced by "§ 121 Disciplinary Board" , no entry "§ 123 Disciplinary Board" , no entry "§ 140 Appointment-Oral Proceedings" and no entry "§ 176a Party position of the Chamber of Economic Scatterers" .

2. § 3 (1) Z 3 reads:

" 3.

the representation in tax and discharge procedures for federal, state and municipal levies and state aid matters before the financial authorities, the other local authorities and the administrative courts, replacing the appeal to the Authorizing their documentary evidence, "

3. § 3 (2) Z 3 reads:

" 3.

advice and representation in the contribution, insurance and performance matters of social insurance, including representation before administrative courts, "

4. § 3 para. 2 Z 7 reads:

" 7.

the representation in the bodies of the Labour Market Service, the professional organizations, the national transport associations and other authorities and offices in charge of economic matters, including the representation before the administrative courts, in so far as they are directly related to the work of the same contracting authority, "

Section 18 (2) shall be deleted and paragraph 3 shall be replaced by the sales designation "(2)" .

6. § 19 (4) deleted, paragraph 5 shall be replaced by the sales designation "(4)" and reads:

"(4) The provisions of para. 1 to 3 shall also apply to 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 procedures before the administrative courts and the Administrative Court and the broad guidelines of environmental law, and "

8. § 35 Z 5 lit. e is:

" e)

Basic principles of constitutional and administrative law, with a focus on procedures before the administrative courts and the administrative court and the broad guidelines of environmental law, "

9. § 38 (5) reads:

" (5) The examination commissioners are to be taken from the circle

1.

members of the profession,

2.

staff of the Higher Financial Service,

3.

the members of the Federal Financial Court,

4.

the university lecturer in relevant subjects; and

5.

of other eminent experts in the field of knowledge. "

Section 39 (4) reads as follows:

" (4) The examination commissioners are to be taken from the circle

1.

the members of the professional group,

2.

staff of the Higher Financial Service,

3.

the members of the Federal Financial Court,

4.

the staff of the Financial Market Supervisory Authority,

5.

the university lecturer in relevant subjects; and

6.

of other eminent experts in the field of knowledge. "

11. In § 57, the sales designation shall be deleted "(1)" and paragraph 2.

Article 63 (3) shall be repealed.

13. In § 79, the sales designation shall be deleted "(1)" and paragraph 2.

14. § 85 (6) is repealed.

15. § 90 (5) is repealed.

16. In § 93 (7), the second and third sentences are deleted.

17. The third, fourth and fifth sentences are deleted in Section 97 (8).

18. § 99 para. Paragraph 4 shall be deleted and paragraph 5 shall be replaced by the sales designation "(4)" .

19. In § 100, the sales designation shall be deleted "(1)" and paragraph 2.

Article 104 (3) shall be deleted and paragraph 4 shall be replaced by the sales designation "(3)" .

21. § 105 (4) is repealed.

22. § 112 (6) is repealed.

23. § 121 with headline reads:

" Disciplinary Board

§ 121. The punishment of the professional deed enumerated in § 120 has to be done by the disciplinary board of the Chamber of Economic Scatterers. "

§ 123 and title shall be repealed.

25. § 124 reads:

" § 124. (1) The members of the Disciplinary Board shall be appointed by the Board of Directors of the Chamber of Economic Scatterers no later than three months after their election from the circle of actively eligible chamber members. The function of the previous members ends with the order.

(2) Each member of the Chamber shall be obliged to accept his appointment as a member of the Disciplinary Board. After a period of operation has expired, a new order can be rejected.

(3) The members of the Disciplinary Board shall be charged by the President of the Chamber of Economic Scatterers. They shall exercise their duties independently, free from any mandate, conscientiously and impartially, and to maintain secrecy on the circumstances known to them in the disciplinary proceedings. "

26. § 125 reads:

" § 125. (1) An appointment of chamber functionaries to members of the disciplinary board is inadmissible.

(2) Membership shall be admissible only to a Senate of the Disciplinary Board.

(3) members of the Disciplinary Board, against which a disciplinary proceedings, a procedure for revocation of the order, a criminal proceedings have been initiated for one of the criminal acts referred to in § 9 or a suspension procedure, shall not exercise their function until the final conclusion thereof.

(4) If the disciplinary procedure with a convicted knowledge or the criminal proceedings has been legally terminated with a conviction, or the suspension has been legally established, or is the authority to the self-employed In the event of an economic spread, the person shall be entitled to the disciplinary board at that time. This also applies to the case of the fame of professional competence.

(5) The provisions of the second main piece, 4, shall also apply to the exclusion and rejection of members of the Disciplinary Board. Section, the Criminal Procedure Code 1975, BGBl. No 631, apply mutasensitily. "

27. § 126 reads:

" § 126. The function as a member of the Disciplinary Board can only be completed for important reasons. The Board of Management of the Chamber of Economic Scatterers decides on the admissibility of the deferment by decision. An appeal is not admissible against this decision. "

§ 127 reads:

" § 127. In the event of a member of the Disciplinary Board leaving during the term of office, the Board of Directors of the Chamber of Economic Scatters shall immediately carry out a post-occupation of the function in question. "

29. § 129 reads:

" § 129. (1) The chairpersons of the Disciplinary Board shall have the orders necessary for the proper management of the Board and shall represent the Disciplinary Board to the outside. They are responsible for the management board of the Chamber of Economic Scatterers for the management of the board.

(2) The law firms of the Disciplinary Board shall have the Chamber Office. "

30. § 136 (2) reads:

"(2) The trial is public."

31. § 140 and title shall be repealed.

32. § 151 (3) Z 3 reads as follows:

" 3.

the appointment of the members of the Disciplinary Board, "

Section 153 (4) and (5) shall be deleted and paragraph 6 shall be replaced by the sales designation "(4)" .

34. § 168 (10) is repealed.

35. § 173 (10) reads:

" (10) In the statutes of the pension institutions, provisions relating to the composition of the committees, the application of the contributions to the pension institutions, the administration and the assessment of the contributions, which are based on articles 153 and 173, are laid down in the Articles of Association. the activity of the test factual and the level, the definition of the conditions and the procedure for the granting of the anticipated management duties. "

36. § 175 (4) reads:

" (4) (constitutional provision) The chairpersons of the disciplinary board shall, at any time, inform the courts and prosecutors of the status of a disciplinary procedure or its outcome. "

37. § 176a together with the title is repealed.

38. § 205 (5) is repealed.

39. § 214 (5) is repealed.

Section 222 (5) shall be repealed.

(41) The following paragraph 9 is added to § 227:

" (9) The amendments to the table of contents and to § § 3 (1) Z 3, 3 (2) (2) Z 3, 3 (2) Z 7, 18, 19, 30 Z 5 lit. e, 35 Z 5 lit. e, 38 para. 5, 39 para. 4, 57, 79, 93, 97, 99, 100, 104, 121 including heading, 124, 125, 126, 127, 129, 136 para. 2, 151 Subsection 3, Z 3, 153, 173 (10) and 175 (4) (constitutional provision), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 121/2013 are due to 1. Jänner 2014 in force. § § 63 (3), 85 (6), 90 (5), 105 (4), 112 (6), 123 and title, 140 including the title, 168 (10), 176a with the title, 205 (5), 214 (5) and 222 (5) shall expire at the end of 31 December 2013. "

Article 2

Amendment of the Civil Engineering Act 1993

The Civil Engineering Office Act 1993, BGBl. No 157/1994, as last amended by the Federal Law BGBl. I n ° 4/2013, shall be amended as follows:

Article 11 (4) (6) is deleted and the previous Z 7 is given the name "6" .

2. § 17 (5) reads:

"(5) The management of the Support Fund shall be kept separate from that of the rest of the Chamber's assets and shall be the responsibility of the Chamber's Management Committee."

3. § 18 sec. 2 Z 4 deleted and the previous Z 5, 6, 7, 8 and 9 are given the name "4" , "5" , "6" , "7" and "8" .

§ 20 reads as follows:

" § 20. Organs of the Federal Chamber are:

1.

The President (§ 21),

2.

the Bureau (§ 22),

3.

the Board of Management (§ 23),

4.

the Chamber's Day (§ 24),

5.

the Federal Section (§ 25),

6.

the Chairman of the Federal Section of the Federal Section (§ 27),

7.

The Board of Trustees of the Welfare Institutions (§ 30) and

8.

the auditors (§ 53). "

5. § 30 (5) is repealed.

6. § 43 (3) reads:

" (3) The validity of an election may be challenged in writing by any voter group at the Electoral Commission in writing within two weeks of the date of the election of the result of the election in the chamber news. The provisions of the General Administrative Procedure Act 1991, BGBl, are to be found in the electoral examination procedure. No 51, as amended, shall apply. In the electoral review process, all electoral groups are parties that have participated in the contested election. The Electoral Commission has the option to declare the election invalid as an unlawfulness of the electoral process, which has been influenced by the election result. The annulment of the election shall be made to determine which parts of the ballot shall be made in the new election. "

Section 45 (4) reads as follows:

" (4) The election of the delegates to the board of trustees of the welfare institutions must be carried out in secret ballot at the meeting of the chamber board. Nominations shall be refunded in the meeting and must be signed by a quarter of the members of the Chamber Board. "

8. § 54 para. 2 Z 2 reads:

" 2.

remove unlawful decisions and orders, with the exception of those of the Disciplinary Board; "

9. § 58 shall be repealed.

Section 59 (1) reads as follows:

" § 59. (1) The provisions of the first paragraph shall apply to the exclusion and rejection of the members of the Disciplinary Committees. Part, 2. Main piece, 4. Section, the Criminal Procedure Code 1975, BGBl. No 631, as amended, mutatily. "

Article 62 (3) reads as follows:

"(3) No appeal against the initiation of disciplinary proceedings shall be admissible."

Article 66 (3) reads as follows:

" (3) In the order of referral, the points of accusation must be determined and the dispositions to be given for the preparation of the oral proceedings must be referred to. No legal remedy is admissible against the referral decision. "

Section 67 (2) reads as follows:

"(2) The accused may require three chamber members of his trust to be allowed to enter the trial."

14. § 70 reads:

" § 70. (1) The knowledge with the essential reasons for decision is to be immediately announced by the Chairman of the Senate. "

(2) Written copies of the recognition made by the Chairman of the Senate shall be submitted within three weeks to the accused and to the Disciplinary Authority.

(3) The written copy of the recognition has a legal remedy pursuant to Section 61 (1) of the General Administrative Procedure Act 1991 (AVG), BGBl. No 51/1991, as amended, to be included. The provisions of Section 61 (2) to (4) of the AVG apply to the information on the right of appeal.

(4) A complaint lodged in due time and admissible shall have suspensive effect. "

15. § § 71 and 72 together with the headings are repealed.

16. § 73 reads:

" § 73. The Chairman of the Disciplinary Committee, his deputy and the Disciplinary Authority and the legal person who has been attached to the Commission of Inquiry, if they are not members of a national chamber, shall have one in the individual case of the To be able to obtain adequate compensation to be determined by the Chamber. "

17. § 74 reads:

" § 74. The costs of the disciplinary procedure are to be borne in the case of a guilty verdict by the convicted person, in all other cases from the country chamber. They are to be used in the appropriate application of the 5. Part, 18. Main piece, the Criminal Procedure Code in 1975, BGBl. No 631, as amended. "

18. In accordance with § 77 (4) (e), the following paragraph 4 f is inserted:

" (4f) § § 11 (4), 17 (5), 18 (2), 20, 43 (3), 45 (4), 54 (2) Z 2, 59 (1), 62 (3), 66 (3), 67 (2), 70, 73 and 74 in the version of the Federal Law BGBl (Federal Law). I n ° 121/2013 are due to 1. Jänner 2014 in force. § § 30 (5), (58), (71) and (72) shall expire on 31 December 2013. "

Fischer

Faymann