Verwaltungsgerichtsbarkeits Adjustment Act - Federal Ministry For Transport, Innovation And Technology

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz- Bundesministerium für Verkehr, Innovation und Technologie

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96. Federal Law, with which the Federal Road Act 1971, the Container Security Act, the Driving Licence Act, the Occasional Traffic Law 1996, the Act on the Law of Goods in 1995, the Kraftfahrlingesetz, the Road tunnel security law, the The Federal Aviation Act, the Federal Act on security measures for foreign aircraft and air carriers, the Federal Act on the Interstate Air Transport 2008, the Maritime Law, the Maritime Law, the Railway Act 1957, the Postal Market Act, the Telecommunications Act 2003, the Amateur Radio Act 1998, the Funker-Zeugnisgesetz 1998, the federal law on radio equipment and telecommunications terminal equipment as well as the telephone grant law 2000 (Administrative Jurisdictions-Adaptation Act-Federal Ministry of Justice) Transport, innovation and technology)

The National Council has decided:

Article 1

Amendment of the Bundesstraßengesetz 1971

The Bundesstraßengesetz 1971 (BStG 1971), BGBl. No 286/1971, as last amended by the Federal Law BGBl. I No 34/2013, shall be amended as follows:

1. In the table of contents, the entry " VI. Authorities " the phrase "and legal protection" .

2. In the table of contents, after the entry "§ 32 Authorities" the entries "§ 32a Local responsibility of the Regional Administrative Courts" and "§ 32b Suspensive Effect" inserted. "

3. § 16 (1), last sentence shall be deleted.

4. § 20 para. 3, first and second sentence reads:

" Against the decision of the Regional Governor on the necessity, the subject matter and the extent of the expropriation, the complaint to the administrative court of the country is admissible. A complaint concerning the amount of the compensation awarded in the administrative channels shall be inadmissible. "

5. In the title of VI. Section will be after the word "Authorities" the phrase "and legal protection" inserted.

6. § 32 together with the title is:

" Authorities

§ 32. Authorities within the meaning of this Federal Law are

1.

the governor for all matters that are not reserved for the Federal Minister of Transport, Innovation and Technology,

2.

the Federal Minister of Transport, Innovation and Technology for the release of regulations and charges reserved for him under this federal law. "

7. According to § 32, the following § § 32a and 32b together with headings are inserted:

" Local competence of the Regional Administrative Courts

§ 32a. If a matter falls within the local area of action of several administrative courts, the administrative court shall be responsible for the longer part of the course of the road to be determined or to be laid down in the latter's sprinkle. Where no road axis is established, the local competence shall be based on the position of the larger area of land occupied by construction measures.

Suspensive effect

§ 32b. § § 13 (2) and 22 (2) of the Administrative Court Procedure Act (VwGVG), BGBl. I No 33/2013, should be subject to the proviso that the suspensive effect of a complaint against a communication under this Federal Act may be ruled out even if the early enforcement is due to compelling reasons of the public Interest is offered and, after consideration of all the interests in contact, in particular of the economic interest, with the execution or with the exercise of the authorization granted with communication for the other parties no disproportionate Disadvantage would be associated. "

8. The following paragraph 9 is added to § 34:

" (9) The table of contents, the title of the VI. Section and § § 20 (3), 32, 32a and 32b in the version of the Federal Law BGBl. I n ° 96/2013 will be 1. January 2014 in force, at the same time Section 16 (1) of the last sentence will be repeal. "

Article 2

Modification of the Container Security Act

The Container Security Act-CSG, BGBl. No 385/1996, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 12 (1) reads:

"(1) Competent authority within the meaning of this Federal Act is, to the extent that there are not deviating provisions in it, the district administrative authority."

(2) The following paragraph 3 is added to section 14a:

" (3) § 12 para. 1 in the version of the Federal Law BGBl. I n ° 96/2013 is 1. Jänner 2014 in force. "

Article 3

Amendment to the Act on driving licences

The driving licence law (FSG), BGBl. I n ° 120/1997, as last amended by the Federal Law BGBl. I No 43/2013, shall be amended as follows:

1. In § 22 (1), the second sentence is deleted.

2. In § 22 (4), the last sentence is deleted.

3. The last two sentences are deleted in Section 35 (1).

4. In § 36 (1), the last sentence is deleted.

(5) The following paragraph 22 is added to § 43:

" (22) § 22 (1) and (4), § 35 (1) and § 36 (1), respectively, as amended by the Federal Law BGBl. I n ° 96/2013 are due to 1. Jänner 2014 in force. "

Article 4

Amendment of the occasional transport act-Law 1996-GelverkG

The Occasional Traffic Law 1996, BGBl. 112, as last amended by BGBl. I No 32/2013, shall be amended as follows:

1. § 16 (6) is deleted.

Section 16 (7) reads as follows:

"(7) The competent authority for the exchange of information in accordance with the provisions referred to in Article 17 shall be that authority which has conducted the underlying procedure."

(3) The following paragraph 5 is added to § 21:

" (5) The abduction of § 16 (6) and § 16 (7) in the version of the Federal Law BGBl. I n ° 96/2013 are due to 1. Jänner 2014 in force. "

Article 5

Amendment of the goods transport act 1995-GütbefG

The Act on the Promotion of Goods in 1995, BGBl. No. 593, as last amended by BGBl. I No 32/2013, shall be amended as follows:

1. § 20 (7).

2. § 20 (8) reads:

"(8) The competent authority responsible for the exchange of information in accordance with the provisions referred to in Article 22 shall be that authority which has carried out the underlying procedure."

Section 21a, together with the title, reads:

" Revision

§ 21a. The Federal Minister The Federal Minister of Transport, Innovation and Technology may, against the findings of the administrative courts of the Länder, institute a review for illegality in the administrative court. "

4. The following paragraph 4 is added to § 28:

" (4) The abduction of § 20 (7), § 20 (8) and § 21a together with the title in the version of the Federal Law BGBl. I n ° 96/2013 are due to 1. Jänner 2014 in force. "

Article 6

Amendment of the Kraftfahrlinegesetz-KflG

The Federal Act on the regular carriage of persons with motor vehicles (Kraftfahrlinegesetz-KflG), BGBl. I n ° 203/1999, as last amended by BGBl. I No 32/2013, shall be amended as follows:

1. In the table of contents, Section II shall not include the name "§ 21 Appellate Law" .

(2) In the table of contents, section VI shall describe the name "§ 50 Official Complaint" by the name "§ 50 Revision" replaced.

3. § 21 with headline shall be deleted.

§ 50 together with headline reads:

" Revision

§ 50. The Federal Minister The Federal Minister for Transport, Innovation and Technology can, against the findings of the administrative courts of the Länder, be able to apporate the country's main mannequins and/or the head of the country shall file a review for unlawfulness before the Verwaltungsgerichtshof. "

5. In accordance with § 51 (4), the following paragraph 5 is inserted:

" (5) The abduction of § 21, together with the title and the amendment of § 50, together with the headline in the version BGBl. I n ° 96/2013 are due to 1. Jänner 2014 in force. "

Article 7

Amendment of the road tunnel safety law

The Road Tunnel Safety Act (STSG), BGBl. I n ° 54/2006, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In the table of contents, after the line "§ 13 Authority competence" the rows "§ 13a Local Jurisdiction of the Regional Administrative Courts" and "§ 13b Suspensive Effect" inserted; the line "§ 17 In-Force Trees" will be through the line "§ 17 Entry into force, expiry of the external force, transitional provisions" replaced.

2. According to § 13, the following sections 13a and 13b together with the headings are inserted:

" Local competence of the Regional Administrative Courts

§ 13a. If a matter falls within the local area of action of several administrative courts, the administrative court is responsible for the longer part of the tunnel in the case of the administrative court of which the latter is situated.

Suspensive effect

§ 13b. § § 13 (2) and 22 (2) of the Administrative Court Procedure Act (VwGVG), BGBl. I No 33/2013, should be subject to the proviso that the suspensive effect of a complaint against a communication under this Federal Act may be ruled out even if the early enforcement is due to compelling reasons of the public Interest is offered and, after consideration of all the interests in contact, in particular of the economic interest, with the execution or with the exercise of the authorization granted with communication for the other parties no disproportionate A disadvantage would be associated. This shall not apply in proceedings pursuant to § 14. "

3. The title of § 17 reads as follows:

"Entry into force, external force, transitional provisions"

4. The following paragraph 4 is added to § 17:

" (4) The table of contents and § 13a and § 13b in the version of the Federal Law BGBl. I n ° 96/2013 will be 1. Jänner 2014 in force. "

Article 8

Amendment of the Aviation Act

The Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I No 77/2012, shall be amended as follows:

1. In § 120c (1), last sentence, the word order is deleted "immediately superordinate in the instance train and" .

2. In the heading to § 140 the word order is deleted "and Instance Train" .

3. In § 140 (1) the word order shall be deleted "and immediately parent in the instance train" .

(4) In § 140, paragraphs 1a and 2 are deleted, the previous paragraphs 3 and 4 are given the name "(2)" and "(3)" .

(5) In § 140b (2), the second and third sentences are replaced by the following sentence:

"The Federal Minister of Transport, Innovation and Technology shall be the competent authority in charge, he shall exercise the supervision and the right of instruction."

6. In § 173, the following paragraph 36 is added:

" (36) § § 120c Para. 1, § 140 including the title and § 140b (2), in the version of the Federal Law BGBl. I n ° 96/2013, enter 1. Jänner 2014 in force. "

Article 9

Amendment of the Federal Act on Security Measures in the case of foreign aircraft and air carriers

The federal law on security measures for foreign aircraft and air carriers, BGBl. I No 55/2010, shall be amended as follows:

1. In § 3 (1), the following sentence is added:

"Austro Control GmbH is subject to the supervision and instruction of the Federal Minister of Transport, Innovation and Technology."

2. § 3 (3) shall be deleted.

3. In § 16, the previous text receives the sales designation "(1)" ; thereafter the following paragraph 2 is added:

" (2) § 3 in the version of the Federal Law BGBl. I n ° 96/2013 is 1. Jänner 2014 in force. "

Article 10

Amendment of the Federal Act on the Interstate Air Transport 2008

The Federal Act on the Interstate Air Transport 2008, BGBl. I n ° 96, as last amended by the Federal Law BGBl. I No 89/2009, shall be amended as follows:

1. In the heading to § 20, the word order is deleted "and Instance Train" .

2. In § 20, the word order shall be deleted "and immediately parent in the instance train" .

3. In § 23, the following paragraph 5 is added:

" (5) § 20 together with the title in the version of the Federal Law BGBl. I n ° 96/2013 is 1. Jänner 2014 in force. "

Article 11

Amendment of the Maritime Law

The shipping law, BGBl. I n ° 62/1997, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 37 (1), § 86 (1), § 96 (1), § 113 (1), § 137 (1) and § 146 (1), respectively in the introduction half-sentence, as well as in Section 71 (1), the term of the word shall not be taken into account. "First Instance" .

2, Section 71 (2), § 86 (2), § 96 (2), § 113 (2), § 137 (2) and § 146 (2) are deleted.

3. In § 86 (3) and § 113 (3), the word order shall be "in first instance" by the expression "pursuant to paragraph 1 Z 1" replaced.

4. In § 86 (4) and § 134 (2), the phrase in each case shall be deleted. "in first instance" .

(5) The following paragraph 10 is added to section 149:

" (10) § § 37, 71, 86, 96, 113, 134, 137, and 146, respectively, in the version BGBl. I n ° 96/2013 are due to 1. Jänner 2014 in force. "

Article 12

Amendment of the Maritime Law

The Maritime Law, BGBl. No 174/1981, as last amended by the Federal Law Gazette (BGBl). I No 46/2012, shall be amended as follows:

1. In § 55 (1) the term " "First Instance" Section 55 (2) is deleted.

(2) The following paragraph 5 is added to § 59:

" (5) § 55 in the version BGBl. I n ° 96/2013 is 1. Jänner 2014 in force. "

Article 13

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I No 40/2013 shall be amended as follows:

1. § 12 (4) last sentence is deleted.

2. In § 13a (3), the term " "Accident Investigation Site" by the expression "Federal Security Office" replaced.

3. In § 13b the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

4. In § 19a (1), the term " "Accredited Bodies" by the expression "Accredited Conformity Assessment Bodies" replaced.

5. In § 19c the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

6. In § 21c (2) Z 4, the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

7. In § 30a (1) (1) (1), the term " "Accident Investigation Site" by the expression "Federal Security Office" replaced.

8. In § 31a (2) (2) (2), the expression "Accredited Bodies" by the expression "Accredited Conformity Assessment Bodies" replaced.

9. In Section 32a (6) (2), the word order shall be "Accredited Bodies or notified bodies" through the phrase "accredited conformity assessment bodies or notified bodies" replaced.

(10) In § 33a (2) (2), the word order shall be "Accredited Bodies or notified bodies" by the expression "accredited conformity assessment bodies or notified bodies" replaced.

11. In § 37a (5), the expression "Accredited Bodies" by the expression "Accredited Conformity Assessment Bodies" replaced.

§ 39c of the first sentence is:

" The established safety management system is from a Federal Law on the Accreditation of conformity assessment bodies (Accreditation Act 2012-AkkG 2012), BGBl. I No 28/2012 shall be certified according to the accredited conformity assessment body. "

13. In § 40 (5) Z 2, the expression "Accredited Bodies" by the expression "Accredited Conformity Assessment Bodies" replaced.

14. § 78 with headline reads:

" Procedure

§ 78. (1) Rail Control GmbH applies the General Administrative Procedure Act 1991-AVG, BGBl in the administrative procedure. No 51/1991, unless otherwise provided by this Federal Act.

(2) The Federal Administrative Court shall be responsible for the recognition of a complaint against a decision by Rail-Control GmbH and for breach of its decision-making obligation.

(3) In derogation from § 13 of the Administrative Court Procedure Act (VwGVG), Federal Law Gazette (BGBl), complaints against proceedings against rails-Control GmbH, which pursuant to § 75 and, insofar as there is a connection with this provision, have also been issued in accordance with Section 77 (3) of the Act. I No 33/2013, no suspensive effect. The Federal Administrative Court may, however, grant the suspensive effect of the appeal with a decision if, after consideration of all the interests in contact with the execution of the complaint or with the exercise of the authorization granted by the decision, the Federal Administrative Court may grant the appeal. for the complainant, it would be a serious and not a reparable damage, and the complainant had requested the granting of the suspenseding effect of the complaint in the complaint. In this case, rails-Control GmbH shall submit the complaint to the Federal Administrative Court immediately after the files of the proceedings have been filed. The Federal Administrative Court shall immediately decide on the requested award of the suspenseable effect of the appeal without further proceedings and the Rail Control GmbH, if it is not from the issue of a The decision to withdraw the file of the proceedings is not to be taken into account.

(4) New facts or evidence may be filed in a complaint against a decision of the Rail Control GmbH, which pursuant to § 75 and, insofar as there is a connection with this provision, has also been issued in accordance with Section 77 (3), only in so far as it has been submitted. when it was unable to bring forward the complainant in the administrative procedure. "

15. The 2nd main piece in the 7. Part is:

" 2. Main item

Rails-Control Commission

Installation of the rails-Control Commission

§ 81. (1) A rail-control commission is set up at rails-control GmbH.

(2) The Rail Control Commission shall be responsible for it in the third, fifth and fifth terms. up to 6b. as well as in the 9th Parts of this federal law assigned jurisdiction (§ § 22a, 53c, 53f, 57b, 64 Abs. 5, 65e Abs. 4, 72, 73, 74, 75a Abs. 3, 75e, 78b und 154). In the matters of § § 53e (2), 75 (2), 77 (3) and 80 (1), it is the competent authority within the meaning of § § 5 and 68 AVG. In order to enforce the tasks assigned to it, it shall be entitled to issue orders with notice.

(3) The management of the Rail Control Commission is the responsibility of rails-Control GmbH. In the course of its activities for the Rail Control Commission, the staff of the Rail Control GmbH shall be subject to instructions on the one hand to the chairperson of the leading member or to the substitute member who is to replace his/her position or, on the other hand, to the instructions given in the ' Rules of Procedure ' or of the substitute member who is to replace him or her.

(4) The Rail Control Commission is obliged to inform the Federal Minister of Transport, Innovation and Technology at his request of all items of their management. If a request for information would result in an intervention in the case law of the Rail Control Commission, it can be refused by the Rail Control Commission.

Composition of the rails-Control Commission

§ 82. (1) The Rail Control Commission shall consist of three members. A substitute member shall be appointed for each member. The substitute member shall take his place in the event of a Member's prevention. A member and the substitute member appointed for this member shall belong to the judge's stand; they shall be appointed by the Federal Minister of Justice. The remaining members and the replacement members appointed for them shall be experts in the relevant areas of transport; they shall be informed by the Federal Government on a proposal from the Federal Minister for Transport, Innovation and Technology. order.

(2) The Rail Control Commission shall not be members:

1.

members of the federal government or of a state government, as well as state secretaries;

2.

persons who are in a legal or factual close relationship with those who take up the activities of the Rail Control Commission;

3.

Persons who are not eligible for the National Council.

(3) The members and replacement members of the Rail Control Commission shall be ordered for a term of office of five years. At the end of this term of office, they shall exercise their duties until they have been re-occupied. Reorders shall be admissible. If a member or a substitute member before the expiry of the service period, a new member shall be appointed for the remainder of the term of office, subject to the application of paragraph 1. To order a replacement member.

(4) Membership Replacement membership shall be issued:

1.

for the death of a member or a substitute member;

2.

because of the expiry of the duration of the service of a member or a substitute member;

3.

because of a waiver of a member or a substitute member;

4.

for a Member, with the determination of all other Members, that the Member is incapable of proper functioning due to serious physical or mental infirmary;

5.

for a substitute member, with the determination of the members that the substitute member is incapable of proper functioning due to serious physical or mental infirmary;

6.

for a Member, with the determination of all other Members, that the Member has not acted in invitations to three successive meetings without an adequate excuse;

7.

for a substitute member, with the determination of the members that the replacement member has not acted without an adequate excuse for three consecutive sessions;

8.

for the judicial member and the judicial replacement member for leaving the judge's position.

(5) The members and the substitute members shall be obliged to secrecy in accordance with Art. 20 sec. 3 B-VG.

Resolution and Rules of Procedure

§ 83. (1) The judicial member, in the event of which the substitute member who is appointed to his post is prevented, shall be chaired by the Commission for the Rail Control. The participation of substitute members in meetings of the Rail Control Commission shall be admissible even if they do not replace a member of the Board.

(2) Decisions of the Rail Control Commission shall be taken with a majority of votes; abstention shall be inadmissible.

(3) The Rail Control Commission shall draw up a point of order in which individual members of its members may be entrusted with the management of the current business, including the release of proceedings for procedural proceedings.

(4) The members and the substitute members appointed for them shall be independent in the performance of their duties and shall not be bound by any instructions.

Procedural rule

§ 84. (1) Unless otherwise provided in this Federal Act, the Rail Control Commission shall apply the AVG.

(2) The Federal Administrative Court shall be responsible for the recognition of a complaint against a decision of the Rail Control Commission and the breach of its decision-making obligation.

(3) Complaints against the proceedings of the Rail Control Commission, which pursuant to § § 72, 73, 74 and, insofar as there is a connection with these provisions, have also been issued in accordance with Section 81 (2), have, notwithstanding § 13 of the Administrative Court Procedure Law (VwGVG), BGBl. I No 33/2013, no suspensive effect. The Federal Administrative Court may, however, grant the suspensive effect of the appeal with a decision if, after consideration of all the interests in contact with the execution of the complaint or with the exercise of the authorization granted by the decision, the Federal Administrative Court may grant the appeal. for the complainant, it would be a serious and not a reparable damage, and the complainant had requested the granting of the suspenseding effect of the complaint in the complaint. In this case, the Rail Control Commission shall submit the complaint to the Federal Administrative Court immediately after the file of the proceedings has been filed. The Federal Administrative Court shall, without delay, decide without further proceedings on the requested award of the suspenseable effect of the appeal and the Rail Control Commission, if it does not have the authorisation of a The decision to withdraw the file of the proceedings is not to be taken into account.

(4) New facts or evidence may be issued in a complaint against a decision of the Rail Control Commission, which pursuant to § § 72, 73, 74 and, insofar as there is a connection with these provisions, has also been issued in accordance with Section 81 (2), only in so far as , when the complainant could not be brought forward in the administrative procedure.

(5) Paragraph 34 (1), first sentence, VwGVG must be applied with the proviso that, in accordance with § § 72 and 73 and, insofar as there is a connection with these provisions, also in accordance with Section 81 (2) of the Act, the Rail Control Commission shall issue complaints against complaints against the proceedings of the Rail Control Commission. , without unnecessary delay, but no later than two months after the entry into force of the decision.

(6) The Federal Administrative Court decides on complaints in those cases in which the Rail Control Commission is the subject of the authority of the Federal Administrative Court, by Senate.

Costs and compensation of Members

§ 85. The members of the Rail Control Commission are entitled to the replacement of the appropriate travel expenses and cash expenses as well as to a meeting allowance. The Federal Minister of Transport, Innovation and Technology may, in agreement with the Federal Minister of Finance, be entitled to lump sums on the scale of the tasks to be carried out by the Rail Control Commission by means of a regulation for the session money. "

16. § 92 (1) (1) (1) is:

" 1.

Accredited conformity assessment bodies referred to in accordance with the provisions of the Accreditation Act 2012 and notified in accordance with paragraph 2 of this Directive, or "

17. In § 92 (2), the expression "Accredited Bodies" by the expression "Accredited Conformity Assessment Bodies" replaced.

18. § 114 (1) reads:

" (1) The rail infrastructure services company mbH has made a decision on applications for the registration of rail vehicles in the register of hiring registers, changes already made in the register of hiring registers or on the withdrawal of the registration. to apply the AVG to an already completed entry in the Settings Register. If a complaint against a communication issued by Rail Infrastructure Services Company mbH is wholly or partially entitled, the knowledge of the Federal Administrative Court on the complaint shall consist in the fact that the Rail infrastructural services company mbH is obliged to comply with the complaint to the extent of its authorization. "

19. In § 115 (1) Z 8, the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

Article 121 (1) reads as follows:

" (1) A maintenance centre for freight wagons may only carry out this activity if it has a maintenance certificate issued by a conformity assessment body accredited in accordance with the Accreditation Act 2012. , which shows that its maintenance system for freight wagons corresponds to the measure adopted by the European Commission pursuant to Article 14a (5) of Directive 2004 /49/EC for the introduction of a certification scheme. "

21. In § 121 (2), the expression "accredited body" by the expression "accredited conformity assessment body" replaced.

22. In § 130, paragraph 4 is deleted and paragraph 3 reads as follows:

" (3) The Federal Minister for Transport, Innovation and Technology, the rail infrastructure service company mbH and the railway company, can give instructions on the exercise of their responsibilities (paragraph 1). 1 and 2). In the matters referred to in paragraphs 1 and 2, the Federal Minister of Transport, Innovation and Technology shall be the competent authority within the meaning of § § 5 and 68 of the AVG. "

23. In § 158 Z 8 the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

24. In § 161 Z 6, the expression "Accident Investigation Site" by the expression "Federal Security Office" replaced.

25. In § 162 (6) (3), the word group shall be deleted "up to a maximum amount of 70 euros, and the punishment of other administrative transgressions with organ criminal orders up to a maximum amount of 36 euros" .

26. In the headings relating to § § 174 to 176, the phrase "to the federal law" through the phrase "to the novella" replaced.

27. In § 174 the sales denomination "(1)" and (6) and (7).

28. In § 176, paragraphs 8 and 9 are deleted.

29. In accordance with § 176, the following § 176a including the heading is inserted:

" Transitional provisions on Novelle BGBl. I No 96/2013

§ 176a. (1) The Federal Law Gazette (BGBl) as amended by § 82 (1). I No 50/2012 appointed members and replacement members of the Rail Control Commission shall be deemed to be in the version of the Federal Law BGBl in accordance with Section 82 (1) of the Federal Act until the expiry of their order. I n ° 96/2013 appointed members and replacement members of the newly established Rail Control Commission.

(2) The regulation of the Federal Minister of Transport, Innovation and Technology on the meeting funds of the Rail Control Commission, BGBl, is up to the date of re-eration of a regulation. II No 108/2012, to apply to the participation of members in meetings of the newly established Rail Control Commission. "

30. The following paragraphs 11 and 12 are added to § 178:

" (11) § 162 para. 6 Z 3 in the version of the Federal Law BGBl. I n ° 96/2013 will enter into force on 1 July 2013.

(12) § 78, together with the title, the second main piece in the 7. Part (§ § 81 to 85 including headlines), § 114 (1), § 130 (3), § 176a and the title, and the entries for § § 78, 84, and 176a of the contents list in the version of the Federal Law BGBl. I n ° 96/2013, enter 1. Jänner 2014 in force. At the same time, Section 12 (4) of the last sentence and section 130 (4) shall not apply. "

31. In the table of contents the entry is to § 78:

" § 78. Procedural rule "

32. In the table of contents the entry is to § 84:

" § 84. Procedural rule "

33. In the table of contents, the entry is 3. Main item in the 8. Part:

" 3. Main item: Infrastructure register "

34. In the table of contents the entries are in accordance with § § 174 to 176:

" § 174. Transitional provisions on the amendment of the BGBl amendment. I No 38/2004

§ 175. Transitional provisions on the amendment of the BGBl amendment. No 125/2006

§ 176. Transitional provisions on the amendment of the BGBl amendment. I No 25/2010 "

35. In the table of contents, the following entry is inserted after the entry in Section 176:

" § 176a. Transitional provisions on the amendment of the BGBl amendment. I No 96/2013 "

Article 14

Amendment of the Postal Market Act

The Postal Market Act, BGBl. I No 123/2009 is amended as follows:

1. In the table of contents, after the line "§ 44 procedural rules, instance train" the line "§ 44a Procedure before the Federal Administrative Court" inserted.

2. In Section 37 (4), the sentence shall be: "The Independent Administrative Senate decides on vocations in accordance with § 51 VStG of the Vienna Independent Administrative Senate" replaced by "Complaint to the Federal Administrative Court may be brought against the modest of the postal authority I. Instance and for breach of its decision obligation in administrative matters."

3. § 44 (3) reads:

"(3) A complaint may be made to the Federal Administrative Court against the proceedings of the Post-Control Commission and for breach of its decision-making obligation in administrative matters."

4. In accordance with § 44, the following § 44a shall be inserted with the title:

" Proceedings before the Federal Administrative Court

§ 44a. (1) Legal remedies against decisions of the regulatory authorities shall differ from § 13 VwGVG, BGBl. I. No 33/2013, no suspensive effect. The Federal Administrative Court (Art. 131 (1) B-VG), the suspensive effect of the proceedings in question may be recognized upon application if, after consideration of all the interests in contact with the execution of the decision or with the exercise of the authorization granted by the communication, the suspensive effect can be attributed to the It would be a serious and irreparable damage to the job.

(2) The Federal Administrative Court decides on complaints in those cases in which the Post-Control-Commission is the competent authority (§ 6 para. 2 VwGVG), by Senate.

(3) If the regulatory authority has declared the investigation procedure pursuant to section 39 (3) of the AVG to be closed in a proceeding, the legal order brought about by § 44 (2) shall also apply in proceedings before the Federal Administrative Court. "

(5) The following paragraph 4 is added to § 64:

" (7) The table of contents and § 37 (4) as well as § 44 (3) and § 44a in the version of the Federal Law BGBl. I n ° 96/2013 will be 1. Jänner 2014 in force. "

Article 15

Amendment of the Telecommunications Act 2003

The Telecommunications Act 2003, BGBl. I n ° 70/2003, as last amended by the Federal Law BGBl. I No 102/2011, shall be amended as follows:

1. In the table of contents, after the entry "§ 121 procedural rules, instance train" the entry "§ 121a Procedure before the Federal Administrative Court" inserted.

2. In Section 113 (5), the following shall be replaced after Z 2 by one point and the Z 3 shall not be replaced.

3. In accordance with § 113 (5), the following paragraph 5a is inserted:

" (5a) Against the decision of the Federal Minister, respectively. The Federal Minister for Transport, Innovation and Technology, the telecommunications office and the office for radio equipment and telecommunications terminal equipment and for infringement of their (his) decision-making obligations in administrative matters may complain to the Federal Administrative Court. "

4. § 121 (5) reads:

"(5) A complaint can be made to the Federal Administrative Court against the authority of the Telekom Control Commission and for breach of its decision obligation in administrative matters."

5. In accordance with § 121, the following § 121a and title shall be inserted:

" Proceedings before the Federal Administrative Court

§ 121a. (1) Legal remedies against decisions of the regulatory authorities shall differ from § 13 VwGVG, BGBl. I No 33/2013, no suspensive effect. The Federal Administrative Court (Art. 131 (1) B-VG), the suspensive effect of the proceedings in question may be recognized upon application if, after consideration of all the interests in contact with the execution of the decision or with the exercise of the authorization granted by the communication, the suspensive effect can be attributed to the It would be a serious and irreparable damage to the job.

(2) The Federal Administrative Court decides on complaints in those cases in which the Telekom-Control-Commission is the competent authority (§ 2 VwGVG), by Senate.

(3) If the regulatory authority has declared the investigation procedure pursuant to section 39 (3) of the AVG to be closed in a proceeding, the legal order brought about by Section 121 (4) shall also apply in proceedings before the Federal Administrative Court. "

(6) The following paragraph 7 is added to § 137:

" (7) The table of contents and § 113 (5) and (5a) as well as § 121 (5) and § 121a in the version of the Federal Law BGBl. I n ° 96/2013 will be 1. Jänner 2014 in force. "

Article 16

Amendment of the Amateur Radio Act 1998

The Amateur Radio Act 1998, BGBl. I n ° 25/1999, as last amended by the Federal Law BGBl. I No 32/2002, shall be amended as follows:

1. § 26 (2) reads:

" (2) The Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology as well as the telecommunications office and the breach of their (his) decision-making obligations in administrative matters may complain to the Federal Minister for the Federal Administrative Court. "

(2) The following paragraph 4 is added to § 32:

" (4) § 26 para. 2 in the version of the Federal Law BGBl. I n ° 96/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 17

Amendment of the Radio-Certificate Act 1998

The Funker-Zeugnisgesetz 1998, BGBl. I n ° 26/1999, as last amended by the Federal Law Gazette (BGBl). I No 32/2002, shall be amended as follows:

1. According to Article 19 (3), the following paragraph 4 is added:

" (4) Against the decision of the Federal Minister The Federal Minister of Transport, Innovation and Technology as well as the telecommunications office and for breach of her (his) decision-making obligations in administrative matters can be brought to the Federal Administrative Court. "

(2) The following paragraph 4 is added to § 24:

" (4) § 19 (4) in the version of the Federal Law BGBl. I n ° 96/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 18

Amendment of the Federal Act on Funkanlagen and Telecommunications Terminal Equipment

The federal law on radio equipment and telecommunications terminal equipment-FTEG, BGBl. I n ° 134/2001 as last amended by the Federal Law BGBl. I n ° 133/2005, shall be amended as follows:

1. § 13 (2) reads:

"(2) The Federal Administrative Court may lodge a complaint against the office of radio equipment and telecommunications terminal equipment and the telecommunications terminal for breach of their (his) decision-making obligations in administrative matters."

2. The previous § 21 receives the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 13 para. 2 in the version of the Federal Law BGBl. I n ° 96/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 19

Amendment of the Telecommunications Law Subsidies Act 2000

The Fernspeakergeltsubsidies Act, BGBl. No 142/2000, as last amended by the Federal Law BGBl. I No 111/2010 is amended as follows:

Section 9 (6) reads as follows:

"(6) The Federal Administrative Court may lodge a complaint against the authority of the GIS fees Info Service GmbH and in the event of a breach of its decision-making obligation in administrative matters."

(2) The following paragraph 4 is added to § 16:

" (4) § 9 para. 6 in the version of the Federal Law BGBl. I n ° 96/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Fischer

Faymann