Amendment Of The Economic Chamber Act 1998 (Wcg Amendment To 2013)

Original Language Title: Änderung des Wirtschaftskammergesetzes 1998 (WKG-Novelle 2013)

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120. Federal Law, with which the Economic Chamber Act 1998 is amended (WKG-Novelle 2013)

The National Council has decided:

The Economic Chamber Act 1998, BGBl. I No 103/1998, as last amended by the Federal Law BGBl. I No 3/2012, shall be amended as follows:

1. The table of contents relating to § § 147 and 148 reads:

" § 147

Jurisdiction

§ 148

Continued existence of industrial business organisations "

Section 9 (1) reads as follows:

" § 9. (1) The management of the term "Chamber" with an addition by other entities to the economy or to an industry is only permissible with the approval of the Federal Minister for Economic Affairs, Family and Youth. "

3. The following paragraph 5 is added to § 9:

"(5) In the event of a complaint from the Federal Minister for Economic Affairs, Family and Youth, a complaint can be made to the Administrative Court within four weeks of notification."

4. § 24 (3) reads:

" (3) In the exercise of the supervisory law of the Landeskammer, the enlarged Bureau shall, in particular, be responsible for the lifting of unlawful decisions of branches, specialist groups, professional representatives and working groups. In the event of a modesty of the enlarged Bureau, the bodies and communities concerned shall be open to the Administrative Court within four weeks of notification. "

5. In § 32, the sales designation shall be deleted "(1)" .

6. § 36 (5) reads:

" (5) In the exercise of the supervisory law of the Federal Chamber, the enlarged Bureau shall be responsible for the lifting of unlawful decisions of state chambers, federal divisions, professional associations and working groups. In the event of a modesty of the enlarged Bureau, the bodies and communities concerned shall be open to the Administrative Court within four weeks of notification. "

7. In § 40 (4), the expression "pursuant to section 34 (2)" by the expression "pursuant to § 34 para. 1 Z 3" replaced.

8. § 44 (9) and (10) are:

" (9) The decision of the Bureau pursuant to paragraphs 7 and 8 shall open the complaint to the Administrative Court to the organisations and members concerned within four weeks of notification.

(10) The procedures laid down in paragraphs 7 and 8 of this Article are the provisions of the General Administrative Procedure Act, 1991, BGBl. No 51/1991, apply mutatily. '

9. § 44 (11).

10. § 44 (12) receives the sales designation "(11)" and in its text, the expression " 7 to 10 " by the expression " 7 to 9 " replaced.

11. § 52 reads:

" § 52. (1) A functionary shall be suspended by the competent main electoral commission until the final conclusion of the criminal proceedings, if:

1.

has been subject to pre-trial detention, or

2.

against him, a legally effective indictment for a criminal offence, which is threatened with more than one year's imprisonment.

(2) The courts shall immediately notify the competent main election commission

1.

the imposition of a pre-trial detention on a functionary or

2.

the existence of a legally effective indictment against a functionary on the basis of a delict referred to in paragraph 1 (2).

(3) In the event of a complaint pursuant to paragraph 1, a complaint may be made to the Administrative Court within four weeks of notification. "

(12) The following sentence shall be added to Article 53 (2):

"In the event of a modesty in accordance with paragraph 1, a complaint may be made to the Administrative Court within four weeks of notification."

13. The following sentence is added to Article 55 (1):

"Specialist organisations and working groups according to § 16 are prohibited from recruit on their own and directly in personnel or in the use of labour force superlases."

14. § 61 (1) last sentence reads:

" In any event, the panel shall be subject to a quorum if the invitation together with the agenda is published in the Chamber newspaper or in another publication organ accessible to all members, such as the trade journal of the specialist group or the Internet. , the date of the meeting must be at least 14 days before the date of the meeting. "

Section 73 (4) Z 2 reads as follows:

" 2.

which have been convicted of one or more offences committed with a sentence more than one year of imprisonment, until the expiry of six months after the execution of the sentence (the execution or omission of a person with whom he has been sentenced to death) has been sentenced to a period of six months. Preventive measure related to deprivation of liberty), in the case of imprisonment of the sentence by offsetting of a preemptive with legal force of the judgment, or otherwise excluded from the right to vote of the National Council or in the case of possession of the citizenship would be excluded. "

16. § 84 para. 3 Z 1 lit. d is:

" (d)

the request that nominations for the primaries may be submitted in writing to the Main Electoral Commission no later than seven weeks before the first possible election day; "

17. In § 88 (4) the expression " 5 " by the expression " 6 " replaced.

18. § 98 (4) and (5) are:

" (4) The appeal to the Administrative Court shall be open against the rejection of the opposition within four weeks of the date of notification of the decision of the Main Electoral Commission. Likewise, the appeal against a decision by the Main Electoral Commission that has been granted does not apply to those voter groups who have not objected.

(5) If the Administrative Court declares the electoral procedure to be invalid, it shall at the same time state which parts of the election act must be made in the case of the re-election to be issued immediately. "

19. § 107 para. 3 lit. b is:

" (b)

the mandate (the mandates), which (s) it has reached during the primary election in the relevant specialist groups (professional representatives), one or more other voter group (s), who bring in a proposal (s), to be added to the mandate, and also to announce which of the assigned mandates is assigned to a person who has a function as chairman of a specialist group (chairman of the professional representatives). "

20. § 122 (5) Z 5 is deleted.

21. In § 122 (7), the third last sentence and the penultimate sentence are deleted.

22. The following paragraphs 9 and 10 are added to Section 122 (8):

" (9) The enlarged Bureau of the Federal Chamber may decide that parts of the tax bases shall not be taken into consideration, in so far as their consideration would lead to a disproportionate use of members, who as an operator of a old-or nursing homes. Such decisions may also be put into effect retroactively.

(10) Where an appeal is levied on the basis of which the transfer obligation is subject to dispute, the procedure shall be interrupted and the matter shall be submitted to the President of the competent State Chamber for a decision. § 128 (3) and (5) shall apply mutatily to this procedure. "

23. § 123 (14) second sentence reads:

" If membership of a professional group (Fachverband) is not longer than half of a calendar year, the basic situation for this calendar year is to be paid only halfway up, but membership is no longer than 31 days in the the whole calendar year, the obligation to pay the basic situation is entirely eliminated. "

24. § 126 (2) second and third sentence are:

" Where an appeal is levied on the basis of which the transfer obligation is subject to dispute, the procedure shall be interrupted and the question shall be submitted to the President of the competent State Chamber for a decision. § 128 (3) and (5) shall apply mutasensitily. "

25. § 128 (3) to (5) are:

" (3) Against the decision of the President of the Landeskammer pursuant to para. 1 and 2, the decision of the President of the Federal Chamber pursuant to para. 2 as well as against the communication of the Obmannes of the Fachverband pursuant to para. 2 can appeal within four weeks from the date of delivery. the Administrative Court shall be brought.

(4) The administrative court may, within four weeks of notification, be brought against the communication of the expert group pursuant to paragraph 2 above.

(5) The provisions of the General Administrative Procedure Act 1991, BGBl, are based on the procedure referred to in paragraphs 1 and 2. No 51/1991, apply mutatily. '

26. The following sentence is added to section 137 (3):

"Within four weeks of notification of the decision, a complaint may be brought against the decision of the Administrative Court."

27. § 138 (1) reads:

" (1) In accordance with the regulatory procedure, the organizations of the commercial economy, including the branches and professional representatives, established in accordance with this Federal Act, as well as the institutions and bodies responsible for the supervision and the member concerned, have Party position as well as the right to lodge a complaint with the Administrative Court within four weeks and against its decisions to the Administrative Court in accordance with Art. 133 (4) B-VG revision and before the Constitutional Court to complain. "

28. In accordance with § 146, the following § 147 with headline is inserted:

" Jurisdiction

§ 147. The competent State Administrative Court shall decide on complaints against all complaints which are issued in the exercise of jurisdiction governed by this Federal Act.

29. The former § 147 receives the title " § 148. "

30. In accordance with Article VI, the following Article VII and heading is added:

" Article VII

entry into force

" § 1. (1) The Federal Law BGBl. I No 120/2013 shall enter into force, unless otherwise specified in the following, with the expiry of the day of its manifestation.

(2) § § 24 (3), 36 (5) and 44 (9) and (10), the repeal of § 44 (11), the renumbering of Section 44 (12), § 52 (3) and the amendment of § 53 (2), § § 98 (4) and (5), 122 (5) Z 5, the dismise of the third last and the last § 122 (7), § 122 (10), § § 126 (2) second and third sentence, 128 para. 3 to 5, the amendment of 137 (3), § § 138 (1) and (147) as well as the amendment of the former § 147 shall enter into force on January 1, 2014.

(3) Section 123 (14) shall enter into force on 1 January 2015. "

Fischer

Faymann