Verwaltungsgerichtsbarkeits Adjustment Law Art And Culture

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz Kunst und Kultur

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996435/verwaltungsgerichtsbarkeits-anpassungsgesetz-kunst-und-kultur.html

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92. Federal law, with which the artist social fund law, the art promotion contribution Act 1981 and the monument protection law be changed (Verwaltungsgerichtsbarkeits adjustment Act art and culture)

The National Council has decided:

Article 1

Change of the artist social fund law

The Federal law on the establishment of a fund to promote the contributions of the self-employed artists statutory social security contributions (artist social security fund law K SVFG), Federal Law Gazette I no. 131/2000, as last amended by Federal Law Gazette I no. 71/2012, is amended as follows:

1. in article 20, paragraph 1, first sentence, and Article 22a, paragraph 2, first sentence, eliminates the twist "in first and last instance".

2. § 23 para 2 second sentence deleted.

3. § 20 para 1, § 22a para 2 and § 23 paragraph 2 each sentence attaches:

"The Federal Administrative Court rules on appeals against decisions of the Fund."

The following paragraph 7 is added to § 4. 30:

"I no. 92/2013 (7) § 20 para 1, § 22a para 2 and section 23 para 2 as amended by Federal Law Gazette with 1 January 2014 into force."

Article 2

Amendment of the art promotion contribution Act 1981

The Federal Act on the art promotion contribution (art promotion contribution Act 1981), Federal Law Gazette No. 573/1981, as last amended by Federal Law Gazette I no. 71/2012, is amended as follows:

1. paragraph 1 para 3:

"(3) 85 vH of yield from the Federal share of the art promotion contribution referred to in paragraph 1 are no. 1 by the Federal Minister / by the Federal Minister for education, art and culture for purposes of promoting the arts, the remaining coupons for purposes of cultural promotion to use."

2. in article 2, paragraph 1, the phrase "of the Federal Chancellor and the Federal Minister for education, science and culture" by the phrase "The Federal Minister / the Federal Minister for education, art and culture" will be replaced.

3. in article 2, paragraph 1 and 2, the phrase "by the Federal Chancellor" is each through the turn "by the Federal Minister / by the Federal Minister for education, art and culture" replaced.

4. § 2 par. 2 Nos. 5 and 6 are:



"5. a member (substitute member) on a proposal from the Minister / the Federal Minister for finance;

6. two members (substitute members) as a representative of the Minister / the Federal Minister for education, art and culture;"

5. in section 2, paragraph 2, Z 7 and § 2, paragraph 3 is replaced by the expression "The Minister / the Federal Minister for education, art and culture" the phrase "The Chancellor".

6. in article 3, paragraph 1, the phrase "the Chancellor" is replaced by the expression "The Minister / the Federal Minister for education, art and culture".

7 paragraph 3 section 1:

"(1) the duties referred to in article 1, paragraph 1 Nos. 2 and 3 are federal taxes, whose collecting is the artist social security fund." While the Fund has AVG, BGBl. No. 51, the General Administrative Procedure Act 1991 - to apply. The Federal Administrative Court rules on appeals against decisions of the artist social insurance fund. To carry out collection of the Fund of the services can use the third-party. To collect the taxes, transfers in administrative is granted the Fund (article 3, par. 3 administrative enforcement Act 1991, BGBl. No. 53). Factually eligible upper authority is the Federal Minister / the Federal Minister for education, art and culture."

8 paragraph 5:

„§ 5. Involved with the execution of this federal law:



1. in terms of § 1 para 1 Nos. 2 and 3, article 1, para. 3, § 2 and § 3 the Federal Minister / the Federal Minister for education, art and culture;

"2. with regard to the other provisions of the Federal Minister / the Federal Minister of finance."

9 the following paragraph 7 is added to section 6:

"(7) as amended by Federal Law Gazette I no. 92/2013 enter into force:"



"1 article 1, par. 3, article 2, paragraph 1, 2 and 3, § 3 para 1 as amended by article 2 Z 6 and section 5 with the promulgation of the Federal Act Federal Law Gazette I no. 92 / 2013 following day, 2. § 3 para 1 as amended by article 2 No. 7 with 1 January 2014."

Article 3

Change of the Monument Protection Act

The Federal Act concerning the protection of monuments due to its historical, artistic or other cultural significance (Monument Protection Act - DMSG), Federal Law Gazette No. 533/1923, as last amended by Federal Law Gazette I no. 2/2008 is amended as follows:

1. in the table of contents is for article 19, § 17 para 2, in the heading to § 19, § 19 para 1 and 2, in section 35, paragraph 1 Z 1 and § 36 para 3 replaces both the word "Communities" by the word "Union"; In the table of contents, the twist is after the row concerning article 41 "§ 42 entry into force" attached.

2. in section 2a paragraph 7 "are the land court" through the turn is replaced the word "Land court" by the word "Basic book Court" and the phrase "is the reason book Court".

3. § 5 paragraph 8 last sentence reads:

"The Federal Monument Office party status, as well as the right, comes in these procedures because of illegality appeal according to article 132 paragraph 5 B-VG and revision in accordance with article 133 to raise paragraph 8 B-VG, to."

4. in article 8, paragraph 1, the phrase is "Bundesgendamerie or".

5. § 11 paragraph 9, first sentence, is:

"Excavations on behalf of the Federal Minister of the Federal Minister for education, art and culture, the Handelshof, an Administrative Court of countries or of the Governor shall require any permit of the Federal Office in accordance with the sections 5, 9 and 11, if in the context of complaints procedures or in fulfilling the supervisory duty (section 30 paragraph 1) to the extent required be made."

6. in article 12, § 13 para 8, § 14, § 15 para 1 and 5, § 28 paragraph 6 and article 33, paragraph 1 is the phrase "by the Federal Ministry of education and Cultural Affairs" by the phrase "by the Federal Minister / by the Federal Minister for education, art and culture" replaced.

7. in article 13, paragraph 4, the phrase "The Minister for national defense" is replaced by the expression "The Minister / the Federal Minister of national defence and sports".

8. in article 15, paragraph 1, "The Federal Minister / the Federal Minister of economy, family and youth" is replaced the phrase "of the Federal Minister for education and Cultural Affairs" by the phrase "The Federal Minister / the Federal Minister for education, art and culture" and the phrase "The Federal Minister for Economic Affairs" through the turn.

9 paragraph 15 paragraph 2:

"(2) every permanent member of the monument can be consulted upon request of the Federal Minister and the Federal Minister for education, art and culture of the Federal Office for advice (as a consultant) or to submit of an opinion (as an expert), as well as in the context of appeal proceedings shall, upon request of the Handelshof or an Administrative Court of countries to submit of an opinion (as an expert)."

10. in article 15, paragraph 3, the phrase "of the Federal Office or the Federal Minister of education and Cultural Affairs" by the phrase "referred to in paragraph 2" is replaced.

11. in article 16, paragraph 3 the phrase "Of the Federal Minister for education and Cultural Affairs" by the phrase "The Federal Minister / the Federal Minister for education, art and culture", and the quote is "(EEC) No. 3911/92 of 9 December 1992 on the export of cultural goods by the quote" (EC) No. 116/2009 on the export of cultural goods, OJ No. L 39 of February 10, 2009 page 1 "replaced.

12. in article 22, paragraph 5, fourth sentence is replaced by the expression "The Minister / the Federal Minister for education, art and culture" the phrase "Of the Federal Minister for education and Cultural Affairs".

13. in article 22, paragraph 5 the last sentence is replaced the quote 'Paragraph 2' by the quote "Paragraph 3".

14 in § 23 and § 32 para 3, the phrase "the Federal Minister for education and Cultural Affairs" is replaced by the expression "The Minister / the Federal Minister for education, art and culture".

15. in article 24, the phrase "of the Federal Minister for education and Cultural Affairs" is replaced by the phrase "Minister / the Federal Minister for education, art and culture".

16 in section 26 Z 7 is for the word "Party status" the twist "and the law, due to illegality complaint pursuant to article 132 para 5 B-VG and revision in accordance with article 133 paragraph 8 B-VG to raise," added.

17 paragraph 29 section 1:

"(1) on appeals against decisions of the Federal Office, the Federal Administrative Court on appeals against decisions of district administrative authority decides the Administrative Court of the land."

18. in article 29, paragraph 3, the word "Appeals" is replaced by the word "Complaints".

19. in article 32, paragraph 3, the phrase "Federal Minister" is replaced by the phrase "The Federal Minister / the Federal Minister".

20 paragraph 3 deleted § 33.

21. in article 33, paragraph 4, the phrase "the Federal Minister for education and Cultural Affairs" is replaced by the expression "The Minister / the Federal Minister for education, art and culture".

22. in article 34, paragraph 3, the phrase "the Minister" is replaced by the expression "The Minister / the Federal Minister".


23 in § 36 para 3 is after the quote "Federal Law Gazette I no. 67/1998," added the phrase "in the current version,".

24 § 37 para 2 Z is 1 second indent:



-the sections 17, 18, 19 and 22 and contrary to Regulation (EC) No. 116/2009 and of the implementing Regulation (EU) No. 1081/2012 to Regulation (EC) No. 116/2009, OJ "No. L 324 of the 22.11.2012 heritage S. 1 illegally spends abroad or illegally leaves, also" 25. In § 37 para 2, no. 1 is the turn to replace "700 000 S" with the expression "50 800 Euro".

26. in § 37 para 2, no. 2 is the turn to replace "350 000 S" with the phrase "25 400 euros".

27. in article 37, paragraph 3, the phrase "70 000 S" by the phrase '5 000 euro' is to replace.

28. in article 37, paragraph 4, the phrase "30 000 S" by the phrase "2-100 euro" is to replace.

29 paragraph 40:

"§ 40. Within the meaning of section 36 of the Federal Budget Act 2013, Federal Law Gazette I are no. 139/2009, in its up-to-date version, use:



"(1. die Mittel des Denkmalfonds für die in § 33 Abs. 1 erwähnten Maßnahmen, 2. die Einnahmen des Bundesdenkmalamtes indem Rahmen der Aufgabenbereiche a)"Preservation and restoration"b)"Specific training"for purposes of historic preservation (including professional training and information in this area), as well as operational facilities of the Federal Office."

30. in paragraph 41, the phrase "of the Federal Minister for education and Cultural Affairs" by the phrase "The Federal Minister / the Federal Minister for education, art and culture", the phrase "the Minister" by the phrase "The Federal Minister / the Federal Minister" and the phrase "the Federal Minister" replaces "Minister / the Federal Minister" by the twist, and the quote is "33 par. 3" is.

31. According to article 41, the following section 42 is attached:

"Entry into force

§ 42. In the version of Federal Law Gazette I no. 92/2013 enter into force:



1 the table of contents, section 2a paragraph 7, article 8, paragraph 1, § 12, § 13 para 4 and 8, § 14, § 15 para 1 and 5, § 16 para 3, § 17 para 2, the heading to § 19, § 19 para 1 and 2, article 22, paragraph 5, article 23, § 24, § 28 para 6, § 32 para. 3, article 33, paragraph 1, § 33 par. 4, § 34 paragraph 3, article 35, paragraph 1 and § 36 para 3 ", § 37 para 2, 3 and 4, § 40, § 41, as well as the Elimination of the § 33 ABS. 3 with the promulgation of the Federal Act Federal Law Gazette I no. 92 / 2013 following day, 2. § 5 paragraph 8, section 11, paragraph 9, § 15 para 2 and 3, § 26 Z 7 and article 29, paragraph 1 and 3 with 1 January 2014."

Fischer

Faymann