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

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_120/BGBLA_2013_I_120.html

120. Federal law, with the Act of the Management Board is changed (WCG amendment to 2013) 1998

The National Council has decided:

The Economic Chamber Act 1998, Federal Law Gazette I no. 103/1998, as last amended by Federal Law Gazette I no. 3/2012, is amended as follows:

1. the contents concerning the paragraphs 147 and 148 is:



"§ 147 jurisdiction § 148 continued existence of organizations of industry" 2. Article 9, paragraph 1 reads:

"Section 9 (1) conducting the Chamber designation with the addition of the indicative on the economy or on an industrial sector, by other entities is allowed only with the permission of the Federal Ministry of economy, family and youth."

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

"(5) against decisions of the Federal Ministry of economy, family and youth appeal to the administrative court may be brought within four weeks of delivery."

4. paragraph 24 para 3:

"(3) in exercising the right of supervision of the National Chamber in particular the annulment of illegal decisions of divisions, sections, trade representatives and working groups is the extended Bureau. Against decisions of the enlarged Bureau the complaint to the Administrative Court is open to the affected bodies and working groups of four weeks from delivery."

5. in paragraph 32, the description of paragraph (1) is eliminated.

6 paragraph 36 paragraph 5:

"(5) in exercising the right of supervision of the Federal Chamber of the annulment of illegal decisions of Chambers of the country, Federal divisions, associations and working groups is the extended Bureau. Against decisions of the enlarged Bureau the complaint to the Administrative Court is open to the affected bodies and working groups of four weeks from delivery."

7. in article 40, paragraph 4, of the expression 'in accordance with § 34 paragraph 2"by the expression is" in accordance with article 34, paragraph 1 Z 3 "replaced.

8 § 44 para 9 and 10 are:

"(9) against the decision of the Presidium in accordance with paragraph 7 and 8 the appeal at the Administrative Court is open to the concerned organizations and members within four weeks of delivery.

(10) the procedures referred to in paragraph 7 and 8 the provisions of the General Administrative Procedure Act are 1991, Federal Law Gazette apply by analogy to no. 51/1991,."

9 paragraph 11 deleted § 44.

10 § 44 para 12 receives the sales designation (11) and in his text the expression "paragraph 7 to 10" with the expression "paragraph 7 to 9" will be replaced.

11 paragraph 52:

"Article 52 (1) is an official to suspend, to final completion of the criminal proceedings by the competent main Electoral Commission if"



1. about him, pre-trial detention was imposed or 2 against him is a valid indictment because of intentional tort which punishable by imprisonment exceeding one year,.

(2) the courts have promptly to inform the competent main Electoral Commission



1. from the imposition of pre-trial detention of a functionary or 2nd from the existence of a legally valid indictment against an official because of a in paragraph 1 Z 2 of mentioned offence.

(3) against the decisions referred to in paragraph 1 complaint to the administrative court may be brought within four weeks of delivery."

12 § 53 para 2 the following sentence is added:

"Against administrative decisions in accordance with paragraph 1 complaint to the administrative court may be brought within four weeks of delivery."

13 the following sentence is added to the section 55, paragraph 1:

"It is prohibited to hire personnel independently and directly or to take personnel professional organisations and working groups referred to in article 16."

14 § 61 para 1 last sentence reads:

"The expert group meeting is anyway, quorum if the invitation together with the order of the day in the Chamber newspaper or another accessible journal such as the journal of expert group or the Internet was announced all members, and the statement must be at least 14 days before the date of the meeting."

15 § 73 para 4 No. 2 is:



"2. that because of one or more offences committed with intent of more than one year imprisonment have been finally convicted, up to the expiration of six months after the penalty (the full control or elimination of measures connected with the detention of a preventive), in the case of the serving of the sentence by crediting are Vorhaft with the judgement, or otherwise covered by the right to vote to the National Council of one or would be excluded for possession of citizenship."

16 § 84 para 3 subpara 1 lit. d is as follows:



"(d) the request that nominations for the primaries in writing no later than seven weeks can be reconciled; a in the main Electoral Commission before the first possible election day"

17 in § 88 par. 4, the expression "Paragraph 5" by the expression "Paragraph 6" will be replaced.

18 § 98 para 4 and 5 are:

"(4) against the dismissal of the objection is open within four weeks after notification of the decision of the main Electoral Commission the complaint to the administrative court. As the complaint against an ambient place main Election Commission decision entitled to those voter groups, have raised no objection.

(5) if the Administrative Court declared the Election Act to be invalid, it has at the same time to pronounce, which are going to be parts of electoral action in immediately to issuing new elections."

19 § 107 para 3 lit. b is as follows:



"(b) the mandate (mandates), has achieved in the primary election in the relevant professional groups (specialized agencies) (s), one or more other voter group that brings a cast suggestion (bring), attributable to let, where she announce this case also has, which the attributed mandates of a person is assigned to, holds the a role as Chairman of an expert group (Chairman of the representatives)."

20 § 122 para 5 Z 5 is omitted.

21. in article 122, paragraph 7 eliminates the third last and the penultimate sentence.

22. the article 122 paragraph 8 be attached following paragraph 9 and 10:

"(9) the enlarged Bureau of the Federal Chamber may decide that parts of the bases out of account remain, insofar as their consideration would lead to a disproportionate use by members, who are working as operator of a retirement or nursing home. Such decisions can be implemented also retroactively.

(10) will be charged an appeal, with the levy duty denied the merits, is the process to interrupt and to submit the question to the President of the competent country Chamber of the decision. This procedure article 128, para. 3 and 5 is to apply mutatis mutandis."

23 § 123 paragraph 14, second sentence, is:

"Membership to a professional group (Trade Association) no longer than half of a year, is the basic levy for this year only in the half amount to be paid, and the membership but not more than 31 days in the calendar year, eliminates the obligation to pay the basic assessment entirely."

24 § 126 section 2 second and third sentence read:

"Levied a right of appeal, with which the assessment obligation is disputed basically the procedures to interrupt and to submit the question to the President of the competent country Chamber to the decision is so. Article 128, para. 3 and 5 is to apply mutatis mutandis."

25 section 128 paragraph 3 to 5 are:

"Appeal to the administrative court may be brought within four weeks of delivery (3) against the decision of the President of the National Chamber according to paragraphs 1 and 2, the decision of the President of the Federal Chamber pursuant to par. 2, as well as against the decision of the umpire of the Association referred to in paragraph 2.

(4) against the decision of the Chairman of the expert group referred to in paragraph 2, appeal to the administrative court may be brought within four weeks of delivery.

(5) on the procedure according to paragraphs 1 and 2 the provisions of the General Administrative Procedure Act are 1991, Federal Law Gazette apply by analogy to no. 51/1991,."

26 the following sentence is added to the article 137 para. 3:

"Against whose decision appeal to the administrative court can be filed within four weeks of delivery."

27 paragraph 138 section 1:

"(1) the regulatory procedure established under this Federal Act organizations of industry including the divisions and specialized agencies, as well as the affected organs and officials and party position if the Member concerned as well as the right to raise the complaint with the administrative court against regulatory decisions within four weeks and against whose decisions at the Administrative Court in accordance with article 133 have para 4 B-VG revision to collect and appeal to the Constitutional Court."

28. According to section 146, 147 the following paragraph with heading shall be inserted:

"Court jurisdiction

§ 147. The competent regional administrative court decides on appeals against all decisions taken in the exercise of this federal law, regulated responsibilities.

29. the previous section 147 is named "§ 148."

30. under article VI the following article VII and heading is added:

"Article VII

Entry into force

"§ 1 (1) the Federal Act Federal Law Gazette I no. 120/2013 occurs, unless the following not other is determined at the end of the day of its by-laws in force."


(2) § 24 para 3, 36 paragraph 5 and 44 para 9 and 10, the repeal of § 44 par. 11, the renumbering of section 44 para 12, § 52 para 3 and the addition of § 53 para 2, §§ 98 para 4 and 5, 122 paragraph 5 Z 5, the Elimination of the third last and the penultimate sentence of § 122 para 7, § 122 para 10 , paragraphs 126 par. 2 second and third set, 128 paragraph 3 to 5, the addition of the 137 para 3, § 138 para 1 and 147 and the name change of the previous § 147 of the effect into force.

(3) section 123 paragraph 14 on the 1.1.2015 into force."

Fischer

Faymann