Verwaltungsgerichtsbarkeits Adjustment Law Art And Culture

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz Kunst und Kultur

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92. Federal Law, which amalds the Artists-Social Insurance Fund Act, the Art Promotion Law Act 1981 and the Monument Protection Act (Administrative Court Adaptation Act art and culture)

The National Council has decided:

Article 1

Amendment of the Artists-Social Security Fund Act

The Federal Act on the Establishment of a Fund for the Promotion of the Contributions of the Self-employed Artists to the statutory Social Security (Künstler-Social Security Fund Act-K-SVFG), BGBl. I n ° 131/2000, as last amended by the Federal Law BGBl. I No 71/2012, shall be amended as follows:

1. In § 20 (1), first sentence, and section 22a (2), first sentence, the turn-of-the-turn "first and last instance" .

2. § 23 (2) second sentence is deleted.

3. The following sentence shall be added to section 20 (1), section 22a (2) and section 23 (2) respectively:

"The Federal Administrative Court decides on complaints against the decision of the Fund."

(4) The following paragraph 7 is added to § 30:

" (7) § 20 para. 1, § 22a (2) and § 23 (2) in the version of the Federal Law BGBl. I n ° 92/2013 is 1. Jänner 2014 in force. "

Article 2

Amendment of the Art Promotion Law 1981

The Federal Law on the Promotion of Art (Art Promotion Law 1981), BGBl. No 573/1981, as last amended by the Federal Law BGBl. I No 71/2012, shall be amended as follows:

1. § 1 (3) reads:

" (3) 85 vH of the Federal Minister of Education, Arts and Culture for the purposes of the promotion of art, the remainder of the enduration for the purpose of the art promotion, the Federal Minister for Education, the Arts and Culture Cultural promotion to be used. "

2. In § 2 para. 1, the turn shall be "The Federal Chancellor and the Federal Minister for Education, Science and Culture" through the turn "the Federal Minister for Education, the Arts and Culture" is replaced.

3. In § 2 (1) and (2), the turn shall be "from the Federal Chancellor" in each case by the turn "from the Federal Minister for Education, the Arts and Culture" replaced.

4. § 2 para. 2, Z 5 and 6 are:

" 5.

one member (substitute member) on a proposal from the Federal Minister of Finance;

6.

two members (substitute members) as representatives of the Federal Minister for Education, Arts and Culture; "

5. In § 2 (2) (7) and (2) (3), the turn shall be "The Federal Chancellor" through the turn "The Federal Minister for Education, the Arts and Culture" replaced.

6. In § 3 (1), the turn-of-the- "the Federal Chancellor" through the turn "the Federal Minister for Education, the Arts and Culture" replaced.

Section 3 (1) reads as follows:

" (1) The charges in accordance with § 1 (1) (2) and (3) are federal levies, the collection of which is the responsibility of the Artists-Social-Social Fund. The Fund has the General Administrative Procedure Act 1991-AVG, BGBl. No 51. The Federal Administrative Court decides on complaints against the accusation of the Artists-Social Security Fund. The fund may use the services of third parties for the implementation of the debt collection. In order to recover the charges, the Fund is granted administrative procedures (Section 3 (3) of the Administrative Enforcement Act 1991, BGBl. 53). The Federal Minister for Education, Art and Culture is the Federal Minister for Education, Research and Education. "

8. § 5 reads:

" § 5. With the enforcement of this federal law are entrusted:

1.

as regards Section 1 (1) (2) and (3), § 1 (3), § 2 and § 3, the Federal Minister for Education, the Arts and Culture;

2.

in respect of the other provisions, the Federal Minister of Finance. "

9. The following paragraph 7 is added to § 6:

" (7) In the version of the Federal Law BGBl. I n ° 92/2013 enter into force:

1.

§ 1 para. 3, § 2 para. 1, 2 and 3, § 3 (1) in the version of Art. 2 Z 6 and § 5 with that of the proclamation of the Federal Law BGBl. I No 92/2013,

2.

§ 3 (1) in the version of Art. 2 Z 7 with 1. Jänner 2014. "

Article 3

Amendment of the Heritage Protection Act

Federal Law on the Protection of Monuments because of their historical, artistic or other cultural significance (monument protection law-DMSG), BGBl. No. 533/1923, as last amended by the Federal Law BGBl. I n ° 2/2008, shall be amended as follows:

1. In the table of contents, in § 19, in § 17 para. 2, in the title to § 19, in § 19 para. 1 and 2, in § 35 para. 1 Z 1 and in § 36 para. 3, the word is given in each case "Communities" by the word "Union" ; in the table of contents, the turn shall be given in accordance with section 41 "§ 42 Entry into force" .

2. In Section 2a (7), the word "Grundbuchgericht" by the word "Grundbuchsgericht" and the turn "are the land register court" through the turn "is the basic booking court" replaced.

3. § 5 (8) last sentence reads:

"The Bundesdenkmalamt (Federal Monuments Office) has a party position in these proceedings and the right to lodge a complaint pursuant to Art. 132 (5) B-VG and revision pursuant to Art. 133 (8) B-VG for unlawfulness."

4. In § 8 (1) the turn-of-the-turn "Bundesgendamerie oder" .

5. § 11 para. 9 first sentence reads:

" Excavations on behalf of the Federal Minister for Education, Arts and Culture, the Federal Administrative Court, a Administrative Court of the Länder or the Governor of the Federal State do not require the approval of the Federal Monument Office in accordance with the following: § § 5, 9 and 11, if they are carried out in the context of appeal proceedings or in the exercise of the supervisory duty (Section 30 (1)) to the strictly necessary extent. "

6. In § 12, § 13 (8), § 14, § 15 (1) and (5), § 28 (6) and § 33 (1), the turn-of-the-turn "from the Federal Minister for Education and Cultural Affairs" through the turn "from the Federal Minister for Education, the Arts and Culture" replaced.

7. In § 13 (4), the turn "The Federal Minister for National Defense" through the turn "The Federal Minister for Defence and Sport" replaced.

8. In § 15 (1), the turn-of-the- "the Federal Minister for Education and Cultural Affairs" through the turn "the Federal Minister for Education, the Arts and Culture" and the turn "The Federal Minister for Economic Affairs" through the turn "The Federal Minister for Economic Affairs, Family and Youth" replaced.

9. § 15 para. 2 reads:

" (2) Each permanent member of the Memorial Advisory Board may, at the request of the Federal Minister for Education, Arts and Culture and the Federal Office for the Protection of Monuments, for advice (as a consultant) or to submit an expert opinion (as an expert) , as well as within the framework of appeal proceedings concerning the request of the Federal Administrative Court or an administrative court of the Länder to submit an expert opinion (as an expert). "

10. In § 15 (3), the turn "the Federal Monument Office or the Federal Minister for Education and Cultural Affairs" through the turn "pursuant to paragraph 2" replaced.

11. In § 16 (3), the turn "The Federal Minister for Education and Cultural Affairs" through the turn "The Federal Minister for Education, the Arts and Culture" and the quote " (EEC) No 3911/92 of the Council of 9 December 1992 on the export of cultural goods by quoting " (EC) No 116/2009 on the export of cultural goods, OJ L 327, 31.12.2009, p. No. OJ L 39, 10.02.2009 p. 1 " replaced.

12. In § 22, para. 5, fourth sentence, the turn shall be "The Federal Minister for Education and Cultural Affairs" through the turn "The Federal Minister for Education, the Arts and Culture" replaced.

13. In § 22, paragraph 5, last sentence, the quote " 2 " by quoting " 3 " replaced.

14. In § 23 and § 32 (3), the turn-of-the- "the Federal Minister for Education and Cultural Affairs" through the turn "the Federal Minister for Education, the Arts and Culture" replaced.

15. In § 24 the turn becomes "the Federal Minister for Education and Cultural Affairs" through the turn "the Federal Minister for Education, the Arts and Culture" replaced.

16. In § 26 Z 7, after the word "Party Position" the twist "and the right to lodge an appeal for unlawfulness pursuant to Article 132 (5) B-VG and revision pursuant to Art. 133 (8) B-VG," .

17. § 29 (1) reads:

" (1) The Federal Administrative Court decides on complaints against the authority of the Federal Office for the Protection of the Federal Republic of Germany (Bundesdenkmalamt) and the Administrative Court of the Land (Administrative Court) of a district administrative authority on complaints against the proceedings of a district administrative authority.

18. In § 29 (3) the word "Appointments" by the word "Complaints" replaced.

19. In § 32 (3), the turn "the Federal Minister" through the turn "the Federal Minister of the Federal Republic of Germany" replaced.

Article 33 (3) is deleted.

21. In § 33 (4), the turn "the Federal Minister for Education and Cultural Affairs" through the turn "the Federal Minister for Education, the Arts and Culture" replaced.

22. In § 34 (3), the turn "the Federal Minister" through the turn "the Federal Minister of the Federal Republic of Germany" replaced.

23. In § 36 (3), after the quote " BGBl. I No 67/1998, " the twist "in the version in force," .

The second indent of Article 37 (2) (2) of the second indent reads as follows:

-

§ § 17, 18, 19 and 22; contrary to Regulation (EC) No 116/2009 and to Regulation (EU) No 1081/2012 of Regulation (EC) No 116/2009, OJ L 327, 22.10.2009, p. No. 1 Cultural property, whether or not it is illegal or illegal, and which is not subject to any legal action,

25. In § 37 paragraph 2 Z 1 the turn is "700 000 S" through the turn "50 800 Euro" to replace it.

26. In § 37 sec. 2 Z 2 the turn is "350 000 S" through the turn "25 400 Euro" to replace it.

27. In § 37 (3) the turn is "70 000 S" through the turn "EUR 5 000" to replace it.

28. In § 37 (4) the turn is "30 000 S" through the turn "2 100 Euro" to replace it.

29. § 40 reads:

" § 40. In the sense of § 36 of the Federal Budget Act 2013, BGBl. I n ° 139/2009, as amended, shall be used:

1.

the resources of the Monument Fund for the measures referred to in Article 33 (1);

2.

the revenue of the Federal Office for the Office of the Office for the purposes of the tasks

a)

"Conservation and restoration"

b)

"specialist training"

for the purposes of preservation of monuments (including professional training and information in this area) and the operational equipment of the Federal Monuments Office. "

30. In § 41, the turn "the Federal Minister for Education and Cultural Affairs" in each case by the turn "the Federal Minister for Education, the Arts and Culture" , the turn "the Federal Minister" in each case by the turn "the Federal Minister of the Federal Republic of Germany" and the turn "the Federal Minister" through the turn "the Federal Minister of the Federal Republic of Germany" replaced, and the quote "33 (3)" No.

31. In accordance with § 41, the following § 42 is added:

" Entry into

§ 42. In the version of the Federal Law BGBl. I n ° 92/2013 enter into force:

1.

The table of contents, § 2a (7), § 8 (1), § 12 (4) and (8), § 14, § 15 (1) and (5), § 16 (3), § 17 (2), the title of § 19, § 19 (1) and (2), § 22 (5), § 23, § 24, § 28 (6), § 32 (3), § 33 (1), § 33 (4), § 34 (4). 3, § 35 (1) and § 36 (3), § 37 (2), 3 and 4, § 40, § 41, as well as the abduction of Section 33 (3) with that of the Federal Law BGBl. I No 92/2013,

2.

§ 5 (8), § 11 (9), § 15 (2) and (3), § 26 Z 7 and § 29 (1) and (3) with 1. Jänner 2014. "

Fischer

Faymann