1. Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry Of Health

Original Language Title: 1. Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Bundesministerium für Gesundheit

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996501/1.-verwaltungsgerichtsbarkeits-anpassungsgesetz--bundesministerium-fr-gesundheit.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
80. Federal law, with the health and nursing law, the midwifery Act, the Medical Assistant professions Act, the medical masseur and masseur Act, MTD law, the paramedic Act, the dentist Act, the dental law of Chamber of, the physician Act 1998, the health and food safety Act, the epidemic law of 1950, the tuberculosis Act, the pharmacy Act, the salary Fund Act 2002, the pharmacist Chamber Act 2001, the animal diseases Act, the animal health law, the animal welfare act, the veterinary Act, veterinary medical association law, the bang disease law, federal law to perform directly applicable Union regulations in the field of animal protection , the food safety and Consumer Protection Act and the Food Act 1975 are changed (1. Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry of health)

The National Council has decided:

Table of contents article 1 change of health and nursing law article 2 amendment to the midwifery Act article 3 amendment of the Medical Assistant professions Act article 4 amending medical masseur - and healing massage therapist law article 5 amendment of MTD Act article 6 amending the medical Act article 7 amendment to the dentist Act article 8 amend the dental Chamber Act article 9 amending the medical Act 1998 article 10 change of health and food safety law article 11 amendment of the epidemic Act 1950 article 12 amending the tuberculosis Act article 13 amendment of the pharmacy Act article 14 change of Salary Fund Act 2002 article 15 amending pharmacists law of Chamber of 2001 article 16 amendment of the animal diseases Act article 17 amendment of the animal health Act article 18 amendment to the animal welfare act article 19 amendment to the veterinary Act article 20 amendment of the Veterinary Medical Association Act article 21 amendment of the bang disease Act article 22 amendment of the Federal Act to implement immediately applicable Union regulations in the field of animal protection article 23 change of food safety and consumer protection law article 24 amending the Food Act 1975 article 1

Change of health and nursing Act

The health and nursing law - GuKG, Federal Law Gazette I no. 108/1997, as last amended by Federal Law Gazette I no. 89/2012, is amended as follows:

1. in article 28a paragraph 3 No. 3, the phrase "or the Federal Administrative Court" is inserted after the word "asylum Tribunal".

2. paragraph 7 eliminates § 34.

3. paragraph 3 is § 36.

4. § 39 para 6 last sentence deleted.

5. paragraph 4 is omitted § 40.

6 paragraph 4 deleted § 50.

7 paragraph 5 is eliminated § 60.

8 paragraph 4 deleted § 64.

9 § 65 ABS 5 last sentence deleted.

10 paragraph 4 deleted § 91.

11 paragraph 3 deleted § 96.

12 paragraph 5 deleted § 102.

13 paragraph 4 deleted section 104a.

14 15 the following paragraph is added to section the 117:

"(15) with 1 January 2014 Z 3 as amended by Federal Law Gazette I contact 1 § 28 para 3 No. 80 / 2013 in force and 2. § 34 paragraph 7, § 36 para 3, § 39 para 6 last sentence, § 40 paragraph 4, § 50 para 4, § 60 para 5, § 64 para 4, § 65, para. 5 last sentence, section 91, paragraph 4, article 96 par. 3, § 102, section 5 and Section 104a (4) force."

Article 2

Amendment of the midwifery Act

The midwifery Act - HebG, Federal Law Gazette No. 310/1994, as last amended by Federal Law Gazette I no. 74/2011, is amended as follows:

1. in article 12, paragraph 2, no. 3 is inserted after the word "asylum Tribunal" the phrase "or the Federal Administrative Court".

2. paragraph 7 eliminates § 12.

3. paragraph 4 is § 17.

4. § 21 para 6 last sentence deleted.

5. paragraph 3 is § 38.

6. in section, the sales designation (1) and paragraph 2 accounts for 42 b.

7 the following paragraph 8 is added to in section 62a:

"(8) with 1 January 2014 Z 3 and § step 1 § 12 ABS. 2 42B in the version of Federal Law Gazette I no. 80 / 2013 in force as well as 2 § 12 section 7, § 17 para 4, § 21 para 6 last sentence, article 38, para. 3 and § 42 para 2 override."

Article 3

Amendment to the Medical Assistant professions act

Medical Assistant professions law (MABG), Federal Law Gazette I no. 89/2012, is amended as follows:

1 in § 16 para 3 Z 3 is inserted after the word "asylum Tribunal" the phrase "or the Federal Administrative Court".

2. paragraph 4 deleted § 19.

3. in article 19, paragraph 5, the phrase "as well as appeal decisions in accordance with paragraph 4" is omitted.

4. paragraph 5 is omitted § 22.

5. section 23 paragraph 2 replaces the expression "paragraph 3 to 5" with the expression "paragraph 3 and 4".

6 paragraph 4 deleted § 36.

7. in article 38, paragraph 2, 4 and 5, the last sentence is eliminated each.

8 the following paragraph 3 is added to § the 42:

"(3) with 1 January 2014 Z 3, § 19 para 5 and § 23 paragraph 2 as amended by Federal Law Gazette I enter 1 § 16 ABS. 3 Nr. 80 / 2013 in force and 2. § 19 para 4, § 22 para 5, § 36 para 4 and article 38, paragraph 2 last sentence, paragraph 4 last sentence and paragraph 5 last sentence except force."

Article 4

Amendment of the medical massage therapist - and healing massage therapist law

The medical Reflexologist and masseur Act - MMHmG, Federal Law Gazette I no 169/2002, as last amended by Federal Law Gazette I no. 57/2008 as well as the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3/2009 is amended as follows:

1 paragraph 4 deleted § 15.

2. in article 16, paragraph 3, the expression "and 4" is omitted.

3. paragraph 7 eliminates § 44.

4. paragraph 3 is omitted § 46.

5. section 46a para 6 last sentence deleted.

6 paragraph 4 deleted § 47.

7. in article 48, paragraph 3, the expression "and 4" is omitted.

8 paragraph 4 deleted § 67.

9 paragraph 3 is § 73.

10 paragraph 3 deleted § 74.

11 paragraph 3 deleted § 75.

12 paragraph 3 is § 76.

13 paragraph 3 deleted § 77.

14 paragraph 4 deleted § 83.

15 the following paragraph 6 is added to § the 89:

"(6) with 1 January 2014 I enter 1 § 16 para 3 and § 48 para 3 as amended by Federal Law Gazette No. 80/2013 in force and 2. § 15 para 4, § 44 par. 7, § 46 para. 3, article 46a, paragraph 6 last sentence, § 47 para 4, section 67, paragraph 4, section 73, subsection 3, section 74, paragraph 3, article 75, para. 3, article 76, para. 3, article 77, para. 3 and § 83 para 4 override."

Article 5

Amendment of MTD Act

The Federal law on the control of sophisticated medical services (MTD Act), Federal Law Gazette No. 460/1992, as last amended by Federal Law Gazette I no. 89/2012, is amended as follows:

1. in article 6, b para 3 Z 3 is inserted after the word "Asylum Tribunal" the phrase "or the Federal Administrative Court".

2. paragraph 4 deleted § 7a.

3. § 8a para 6 last sentence deleted.

4. paragraph 3 is omitted § 9.

5. paragraph 4 is omitted § 12.

6 paragraph 4 deleted § 15.

7 paragraph 4 deleted § 17a.

8 paragraph 5 deleted section 26.

9 § 30 para 2 last sentence deleted.

10 § 31 para 2 last sentence deleted.

11 § 32 para 2 last sentence deleted.

12 14 the following paragraph is added to article the 36:

"(14) with 1 January 2014 step 6B para 3 Z 3 as amended by Federal Law Gazette 1 § I no. 80 / 2013 in force and 2. Section 7a para 4, § 8a, paragraph 6 the last sentence, § 9 para 3, § 15 para 4, § 17a para 4, § 26 para 5, § 30 para 2 last sentence, § 31 para 2 last sentence and article 32, paragraph 2 last sentence except force."

Article 6

Amending the medical act

The paramedic Act - SanG, Federal Law Gazette I no. 30/2002, amended by Federal Law Gazette I no. 57/2008 as well as the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3/2009 is amended as follows:

1 paragraph 5 deleted § 25.

2. paragraph 4 deleted § 45.

3. paragraph 4 is § 50.

4. paragraph 4 is omitted § 57.

5. paragraph 5 is § 58.

6 paragraph 4 deleted § 59.

7 the following paragraph 4 is added to § in 64:

"(4) with 1 January 2014 experience § 25 paragraph 5, § 45 para 4, § 50 para 4, § 57 para 4, § 58 para. 5 and section 59 (4) override."

Article 7

Amendment to the dentist Act

The dentist Act - ZÄG, Federal Law Gazette I no. 126/2005, as last amended by Federal Law Gazette I no. 38/2012, is amended as follows:

1. § 5 ABS. 4 last sentence deleted.

2. in article 9, paragraph 2, no. 3 is inserted after the word "asylum Tribunal" the phrase "or the Federal Administrative Court".

3. in article 13, paragraph 2, the phrase "Appeal of the independent administrative Senate of that country" is replaced by the phrase "Appeal to the Administrative Court of the country".

4. in section 26B para 4 is the phrase "complaint pursuant to article 131 para 2 Federal Constitution (B-VG)" by the phrase "complaint pursuant to article 132 para 5 and revision in accordance with article 133 paragraph 8 Federal Constitution (B-VG)" replaced.

4A. section 26 (b) paragraph 5 is the following sentence added:

"Any renewed authorisation is predictably, if an approved practice moved its location within the same watershed."

5. § eliminates 26B para 8.

6 § 31 para 2d last sentence deleted.

7 paragraph 5 is eliminated § 42.

8. in section 43 paragraph 1a is the phrase "Appeal of the independent administrative Senate of that country" replaced with the phrase "Appeal to the Administrative Court of the country".

9 paragraph 3 is § 45.

10 paragraph 46 paragraph 6:

"(6) against a prohibition referred to in paragraph 1 or 2 IM/it is open to the appeal to the Administrative Court of the country concerned, as well as the Austrian Chamber of dentists. The complaint has no suspensive effect."


11 paragraph 3 deleted § 48.

12. in article 55, paragraph 4, the phrase "Appeal of the independent administrative Senate of that country" is replaced by the phrase "Appeal to the Administrative Court of the country".

13 paragraph 4 deleted § 79.

14 in § 79 par. 5 accounts for the phrases "and appeal decisions in accordance with paragraph 4" and "and appeal decisions in accordance with paragraph 4".

15 § 82 para  4 is omitted.

16 paragraph 5 deleted § 85.

17. in article 87, paragraph 5, last sentence is omitted the phrase "; against that decision is not allowed"a vocation.

18. in § 88 par. 5, last sentence is omitted the phrase "; against that decision is not allowed"a vocation.

19. the article 90 is added following paragraph 7:

"(7) with 1 January 2014 step 1 § 13 para 2, § 26b para 4, § 43 para 1a, § 46 paragraph 6, § 55 para 4, § 79 para 5, § 87 para. 5 and § 88 par. 5 amended by Federal Law Gazette I no. 80/2013 in force and 2. § 5 para 4, § 26 b 8, § 31 para 2d last sentence, § 42 para 5, § 45 para 3" ", § 48 para 3, § 79 para 4, § 82 par. 4 and § 85 para 5 override."

Article 8

Amendment to the Dental Board Act

The dental law of Chamber of ZÄKG, Federal Law Gazette I no. 154/2005, as last amended by Federal Law Gazette I no. 38/2012, is amended as follows:

1. in the table of contents of the entry of the 3rd section of the 4.Hauptstücks is as follows:

"Section 3

"Disciplinary bodies article 61 disciplinary bodies article 62 Disciplinary Committee article 63 disciplinary Attorney/disciplinary Attorney article 64 investigators/study guides section 68 firm shops of the disciplinary board" 2. In the table of contents will be after the line "§§ 78 and 79... Trial in absentia"following row is inserted:" § 79a administrative fines "3. In the table of contents is following the line "§ 85... Civil claims"following row is inserted: ' article 85a application of other legal provisions" 4. The entry of the 5th section of the 5th main piece is in the table of contents:

"Article 5

"Complaint procedure § 86 complaint to the Administrative Court of the country" 5. In the table of contents is after the line "§ 98... Removal from the dentist list"following row is inserted:" article 98a releases to the public "6. The entry of the 8th section of the 4.Hauptstücks is not available in the table of contents.

7 § 13 para 5 second sentence deleted.

8. in article 35, paragraph 3, the phrase "and the Appeal Committee" is omitted.

9. in article 53, paragraph 1, the phrase "as appellate authority" is omitted.

10 paragraph 57 paragraph 5:

"(5) against provisional measures stands to the right of appeal to the Administrative Court of the country. The complaint has no suspensive effect."

11. in the heading to § 61 is omitted the phrase "first instance".

12 paragraph 61 paragraph 1:

"(1) disciplinary bodies 1 are the Disciplinary Council, 2. the disciplinary prosecutor/lawyer disciplinary and 3. the investigators/investigation leaders."

13. in article 61, paragraph 2, 3 and 4 and in article 62, paragraph 1 the phrase "in the first instance" accounts for each.

14 paragraph 63 along with heading:

"Disciplinary Attorney/disciplinary Attorney

63. (1) the representation of the ads at the Disciplinary Council of the Austrian Chamber of dentists, as well as at the Administrative Court of the country is the disciplinary prosecutor/disciplinary Attorney, who in this party proceedings within the meaning of § 8 AVG as well as the right of revision in accordance with art.  133 paragraph 8 B-VG has.

(2) the Federal Committee of the Austrian Chamber of dentists has the the disciplinary prosecutor/disciplinary Attorney and a / an alternate/substitute, who must be legally qualified to order.

"(3) the disciplinary prosecutor/disciplinary Attorney is under the direction of / the Federal Minister/Minister of health or the / President/President of the Austrian Chamber of dentists committed to the disciplinary persecution and seizure of an appeal or revision."

15. the sections 65 to 67 along with headings are eliminated.

16. in the heading of section 68 and section 68, paragraph 1, respectively, the phrase "and of the disciplinary Senate" is omitted.

17. in article 68, paragraph 2, the word "Disciplinary Senate" is replaced by the phrase "Administrative Court of the country".

18. in article 69, paragraph 1, 2 and 6, § 70 para. 2, 3 and 4, § 71 paragraph 1 to 5, article 72, paragraph 1 and 3 Z 1, § 73 para 1 No. 2 and paragraph 3, article 74 para. 3 and 4, section 75 para 1 to 4, § 76 para 1 to 3, article 77, para. 3, 4 and 6, article 80, paragraph 1, § 81 paragraph 3 and section 83 Z 1 eliminates each the word sequence "in the first instance".

19 § 69 paragraph 5, second sentence, is eliminated.

20 § 70 para 2 last sentence deleted.

21. in article 70, paragraph 5, second sentence is the phrase "the Chairperson of the disciplinary Senate decides" replaced by the phrase "choose the other members of the Disciplinary Committee by a simple majority vote".

22 § 73 para 3 last sentence deleted.

23 section 75 para 3 second sentence deleted.

24. in article 75, paragraph 4 first sentence is omitted the phrase "period of four weeks" and the phrase "the disciplinary Senate" is replaced by the phrase "the Administrative Court of the country".

25 § 79 para 2 last sentence reads:

"Members of the Disciplinary Committee, as well as the may be not entrusted disciplinary Attorney/disciplinary Attorney and whose deputy/representatives with this task."

26. pursuant to article 79, the following section 79a and heading shall be inserted:

"Administrative fines

Section 79a. (1) the Chairperson of the Disciplinary Committee has to provide for the maintenance of order and for the preservation of decency in disciplinary proceedings.

(2) persons who disturb the disciplinary proceedings or by ungeziemendes behaviour violate the decency of the / to exhort by the Chairman. The admonition is unsuccessful, so a fine can give them after previous threats by the President/Chairman of the disciplinary board removed from the word and has their distance or against them to be imposed to the amount of EUR 1 500.

(3) corresponds to the / the Defender/defender of / the accused of the admonition of / the Chairman, not to disturb the order or not, violate the decency not ungeziemendes conduct, so can the / of the accused be applied to order other defenders/Defender / other a/one.

(4) the same regulatory penalties may be imposed against people who use in written inputs of an insulting spelling as well as witness/witnesses who evade their obligation to appear (section 74 para. 2).

(5) before the imposition of the fine which is § 45 para 3 concerned according to give the AVG opportunity, to justify in writing or orally.

(6) against public institutions and against professional counsel/party representatives is, if they are subject to a disciplinary law, to impose no fine, but to merely report to the disciplinary authority.

(7) the imposition of a fine does not exclude the strafgerichtliche prosecution for the same Act.

(8) against the imposition of a fine by the Disciplinary Council, / the interested party within four weeks can raise complaints to the Administrative Court of the country. The fine is to suspend until the decision of the Administrative Court of the country.

(9) the penalty payments imposed pursuant to par. 2 flow to the Austrian Chamber of dentists."

27. According to article 85, the following article 85a and heading is inserted:

"The application of other legal provisions

§ 85a. (1) for the calculation of time limits, the advice and vote, as well as the reopening of the case the provisions of the code of criminal procedure does not apply, as far as from the provisions of this main piece different results.

(2) the provisions of the code of criminal procedure with the proviso that the re-establishment of rights against the non-observance of time limits is permissible and that it is not obstructed by a lesser degree of oversight for the restoration. Disciplinary Council decides on an application for re-establishment of rights.

"(3) In addition, the provisions of AVG with the exception of paragraphs 2 to 4, 12, 42 para 1 and 2, 51, 57, 63 para 1 and 5 second half-sentence, 64 are first and second sentence para 2, 64a, 68 para 2 and 3 and 75 to 80, as well as the delivery Act, BGBl. No. 200 / 1982, in so far by analogy to apply as from the provisions of this main piece otherwise."

28. the heading of the 5th section of the 5th main piece is as follows:

"Appeal"

29 § 86 including the heading is as follows:

"Appeal to the Administrative Court of the land

Article 86 (1) against the findings of the disciplinary board can / the accused as well as / disciplinary/disciplinary Attorney lawyer raise complaints to the Administrative Court of the country.

(2) the representation of disciplinary ads at the Administrative Court of the land is in the disciplinary prosecutor/disciplinary advocate."

30 the §§ 87 to 94 with headings are eliminated.

31. in article 96 par. 3, the phrase "or the disciplinary Senate" does not apply

32. paragraph 96 paragraph 5:

"(5) against the decision referred to in paragraph 3 the complaint to the Administrative Court of the land is open."

33. in article 97, paragraph 2 does not apply to the phrase "in the first instance" and the phrase 'the disciplinary Senate of the Austrian Chamber of dentists' will be replaced by the phrase "the Administrative Court of the country".


34. in article 98, paragraph 1, the phrase "by the disciplinary Senate" is replaced by the phrase "by the Administrative Court of the land" and is after the phrase "complaint under article 144 para. 1 B-VG" the phrase "or revision in accordance with article 133 paragraph 1 Z 1 B-VG" inserted.

35. in article 98, paragraph 2, the word "Disciplinary Senate" is replaced by the phrase "Administrative Court of the country".

36. According to article 98, the following section 98a and heading shall be inserted:

"Communication to the public

section 98a. (1) notification to the public about the progress and the results of a disciplinary procedure, the contents of disciplinary files and the contents of oral proceedings and of the disciplinary decisions are, as far as the procedure is non-public and prohibited except in the case of § 58 paragraph 8 of.

(2) the Chamber member to which the disciplinary proceedings has referred may report but as far as about the outcome of the disciplinary procedure as it hurts so not his professional secrecy."

37. in article 100, paragraph 3, "Disciplinary Senate" is replaced by the phrase "Court of the country" and deleted the last sentence.

38. the 8th section of the 5th main piece is eliminated.

39. paragraph 105 paragraph 5 to 7:

"(5) the decision in proceedings of board posts is the President/President of the Austrian Chamber of dentists.

(6) residual Chamber articles can be inserted BGBl. No. 53, after a gap card is issued by the President/President of the Austrian Chamber of dentists to the administrative enforcement Act 1991.

(7) further details are of the Austrian Chamber of dentists in the subscription rules to set. provisions relating to the system and the kind of notices of payment due and the fixing and collection of Chamber posts"

40. § 109 paragraph 6, first sentence, is:

"(6) the order 1 of two dental associate members/directors of the disciplinary board and its Deputy/representatives (§ 62) and 2. the / the disciplinary prosecutor/disciplinary Attorney and whose Deputy/Deputy (section 63) requires the permission of / the Federal Minister/Minister of health."

41. the section 126 the following paragraph 8 is added:

"(8) with 1 January 2014 1 enter the table of contents, article 35, para. 3, article 53, paragraph 1, § 57 para 5, § 61 together with headline, article 62, paragraph 1, § 63 including heading, § 68 together with heading, paragraphs 69 to 77, § 79 paragraph 2, § 79a, including heading, § 80, § 81, § 83, 85a and heading, the heading of the 5th section of the 5th main piece, § 86 along with headline, article 96 par. 3 and 5" ", Article 97, paragraph 2, article 98, section 98a including heading, section 100, para 3, § 105 para 5 to 7 and § 109 paragraph 6 as amended by Federal Law Gazette I no. 80 / 2013 in force and 2. Article 13, paragraph 5, second sentence, paragraphs 65 to 67, including headings, sections 87 to 94 with headings and the 8th section of 5 main piece override."

Article 9

Amending the medical act of 1998

The doctor Law 1998 - ÄrzteG 1998, Federal Law Gazette I no. 169, amended by Federal Law Gazette I no. 80/2012 is amended as follows:

1 § 13a together with heading shall be repealed.

2. section 35a and heading shall be repealed.

3. § 37 section 7 and 10 of the last sentence is not available in each.

4. in article 37, para 10 is penultimate sentence before the word "adopted" the word "to" added.

5. in § 52c para 4 is the phrase "appeal in accordance with article 131 para. 2 B-VG" replaced by the phrase "complaint pursuant to article 132 paragraph 5 B-VG, as well as revision in accordance with article 133 paragraph 8 B-VG".

6 § 52c paragraph 5 shall be repealed.

7. the previous section 52c receives the sales designation (5) paragraph 6 and the expression "para 1 to 5" is replaced by the expression "para 1 to 4".

8. the previous section receives the sales designation (6) 52 c para 7.

9. the previous section 52c receives the sales designation (7) paragraph 8 and the expression "Paragraph 7" is replaced by the expression "Paragraph 6".

10. in article 62, paragraph 5 the last sentence is replaced by the word "Complaint" the word "Vocation".

11 § 66b of paragraph 1 shall be repealed and the previous paragraph 2, 3, 4 and 5 will receive the sales names "(1)", "(2)", "(3)" and "(4)".

12 paragraph 73 para 1:

"(1) organs of the Medical Council are: 1 the General Assembly (sections 74 to 80), 2. the Chamber Board of Directors (§ 81), 3. the President and the Vice President (paragraph 83), 4 the Curia meetings (§ 84), 5. the Curia stewards and their deputies (§ 85), 6 the Bureau (article 86), 7 the advanced Assembly (§ 80a and 80B), as well as 8 of the Management Committee of the Charity Fund (§ 113)."

13. in article 80, Z 4 is omitted the phrase "Board of appeal (article 113 par. 5 penultimate sentence) as well as".

14 in § 80B Z 3, the phrase "and the election of the Chair of the Appeal Committee" does not apply.

15 paragraph 91 paragraph 7:

"(7) the decision in proceedings the Chamber of contribution referred to in paragraph 1 is the President."

16 paragraph 91 paragraph 8:

"(8) the decision in proceedings over the Curia levy referred to in paragraph 2 is the Chairman of Curia."

17 section 91 paragraph 9 shall be repealed and the previous paragraph 10 will receive the sales designation (9).

18 § 113 paragraph 4 last sentence deleted, paragraph 5, 6 and 7 are repealed.

19. in article 114, paragraph 2, the phrase "and the Appeal Committee" is omitted.

20. in paragraph 116, the phrase "the Committee," is omitted.

21 § 117d para 1 shall be repealed and the previous paragraph 2, 3, 4 and 5 will receive the terms of paragraph (1), "(2)", "(3)" and "(4)".

22 § 120 is as follows:

"§ 120. organs of the Austrian Medical Association are 1 General Assembly (paragraphs 121 and 122), 2. the Management Board (section 123), 3. the President and three Vice-Presidents (art. 125), 4. the Federal mansions (art. 126), 5. the Federal Curia stewards and their deputies (art. 127), 6 the Bureau (art. 128), 7 the Education Committee (section 128a), the Management Committee of a common welfare Fund (§ 134) 8 and 9 the disciplinary board (article 140)."

23 paragraph 132 sec. 3:

"(3) the decision in proceedings of allocations referred to in paragraph 1 is the President."

24 paragraph 132 sec. 4:

"(4) the decision in proceedings the Chamber of contribution referred to in paragraph 2 is the Federal Curia Chairman."

25 § 132 paragraph 5, first sentence, is eliminated.

26 § 134 para 3 shall be repealed, para. 4 and 5 will receive the terms of paragraph (3) and (4).

27. in § 136 paragraph 6, the phrase "or disciplinary Senate" is required.

28. in the heading of the 5th section of the 3 main piece is the phrase "in the first instance".

29. in article 140, paragraph 1, the phrase "in the first instance" is omitted.

30 paragraph 141:

"§ 141. Representing the ads at the Disciplinary Council of the Austrian Medical Association, as well as at the Administrative Court of the country is whether the disciplinary prosecutor in this party proceedings within the meaning of § 8 AVG as well as the right of revision in accordance with art.  133 paragraph 8 B-VG has. Disciplinary counsel disciplinary tracking and to take remedies is obliged under the direction of the Federal Ministry of health or the President of the Austrian Medical Chamber. The disciplinary prosecutor and a Deputy for each disciplinary Commission shall be appointed by the Board of Directors of the Austrian Medical Chamber and must be legally qualified."

31 § 146 paragraph 2 last sentence and paragraph 5 penultimate sentence are eliminated.

32. § 146 paragraph 5 last sentence reads:

"After the start of the hearing, the disciplinary Commission decides by decision."

33. in article 146, paragraph 5, second sentence is replaced by the phrase "the oldest life years Chairman of all other disciplinary commissions" the phrase "the Chairman of the disciplinary tribunal".

34. in article 147, paragraph 1, last sentence is replaced by the phrase "the oldest life years Chairman of all other disciplinary commissions" the phrase "the disciplinary Senate".

35. in section 147, para 3 first sentence the phrase "the disciplinary Senate" is replaced by the phrase "the oldest life years Chairman of all other disciplinary commissions".

36. § 147 ABS. 4 last sentence deleted.

37. § 148 paragraph 2 last sentence deleted.

38. in article 151, paragraph 3, first sentence reads:

"The back laying down decision the disciplinary prosecutor is to communicate, which can raise complaint against it."

39. the last sentence is § 152.

40. Article 154 para 2 second sentence is omitted.

41. in article 154 para 3 first sentence reads:

"The decision that no reason for the disciplinary treatment exists (order), is to deliver the disciplinary counsel, which can raise complaint against it."

42. Article 155 para 3 last sentence deleted.

43. § 167 para 1 last sentence reads:

"Members of the disciplinary board and the disciplinary prosecutor and his Deputy may be not entrusted with this task."

44. According to § 167, following article 167a, 167, 167 c and 167d together with the headings shall be inserted:

"Firm shops of the Disciplinary Committee

section 167a. The firm shops of the Disciplinary Council are to lead the Austrian Medical Association. The costs of these services are, unless this federal law not otherwise destined to be borne by the Austrian Medical Association.

Administrative fines


§ 167 b. (1) the Chairman of the disciplinary commissions have to provide for the maintenance of order and for the respect of decency in disciplinary proceedings. Persons who interfere with the disciplinary proceedings or by ungeziemendes behaviour violate the decency, are to exhort by the Chairman. The exhortation fails, so can be after previous threat by the Chairman of the disciplinary Commission, the word deprived them and their removal has or up to a height of 1 450 euros imposed a fine against them.

(2) defender of the accused is in remembrance of the Chairman, not to disturb the order or not, violate the decency not ungeziemendes conduct, so can be worn on the accused, to order a different Defender.

(3) the same regulatory penalties may be imposed against people who use in written inputs of an insulting spelling as well as against witnesses who evade their obligation to the show (§ 153 para 2).

(4) before the imposition of the fine, § 45 para 3 is the data subject according to give the AVG opportunity, to justify in writing or orally.

(5) against public bodies and professional counsel is, if they are subject to a disciplinary law, to impose no fine, but to merely report to the disciplinary authority.

(6) the imposition of a fine does not exclude the strafgerichtliche prosecution for the same Act.

(7) if the person concerned against the imposition of a fine by a Disciplinary Committee has raised complaints, the execution of the fine is to suspend until the decision of the Administrative Court of the country.

(8) the penalty payments imposed pursuant to par. 1 flow to the Austrian Medical Association.

Fines, costs and penalties

§ 167c. (1) the imposed fines, as well as the charges of the disciplinary procedure of the punished flow to the Austrian Medical Association and can be introduced from this after the administrative enforcement Act 1991.

(2) if the disciplinary accused a fine imposed on him and the costs of the proceedings immediately after the force of the law imposed, he is to ask in writing to pay the penalty and costs within 14 days, failing which they are forcibly driven.

(3) if the immediate payment of a fine or the costs of the proceedings were unreasonably hard the debtor, has request the disciplinary Commission by ruling to grant a reasonable postponement. The suspension must not be not more than a year in fines (including the costs of the proceedings) about 14 350 euros for fines (including the costs of the proceedings) up to 14 530 euro if you pay the entire debt or payment by instalments total not more than two years.

(4) § 409a para 3 and 4 StPO are to apply by analogy.

(5) If after occurring a Disziplinarerkenntnisses weighty mitigating circumstances emerge which were still not available or not yet known at the time of the precipitation of the decision and that had apparently brought a milder assessment of the penalty, so the disciplinary Commission has once she is satisfied by the presence of these mitigating circumstances, to decide on its own initiative or at the request of decision about the penalties.

Proper application of other legal provisions

§ 167d. (1) the provisions of the code of criminal procedure do not apply for the calculation of time limits, the consulting and voting and the reopening of the case accordingly, as far as is from the provisions of the third main section of this federal law results in another.

(2) the provisions of the code of criminal procedure with the proviso that the re-establishment of rights against the non-observance of time limits is permissible and that it is not obstructed by a lesser degree of oversight for the re-establishment of rights shall apply mutatis mutandis. The disciplinary board decides on a request for re-establishment of rights.

"(3) In addition, the provisions of AVG with the exception of paragraphs 2 to 4, 12, 42 para 1 and 2, 51, 57, 63 para 1 and 5 second half-sentence, 64 are first and second sentence para 2, 64a, 68 para 2 and 3 and 75 to 80, as well as the delivery Act, BGBl. No. 200 / 1982, in so far by analogy to apply as from the provisions of the third main section of this Federal Act provides otherwise."

45. paragraphs 168 to 184, with headings and section names are lifted.

46. paragraph 185 together with the heading:

"The Austrian medical journal publishing

§ 185. The Austrian Medical Association has to publish the decision essential content of the final findings of the Disciplinary Committee and the Administrative Court of the country in the right set form regularly in the Austrian medical journal."

47. section 187 is repealed.

48. paragraph 188:

"§ 188. Is a member of a medical association legally the misconduct of the deletion of the list nation been and's declares three days after the announcement of the Disziplinarerkenntnisses by the Administrative Court of the country in writing to the Austrian Medical Association, that, however, appeal pursuant to article 144 paragraph 1 B-VG's the Constitutional Court or revision under article 133 § 1 Z 1 B-VG at the Administrative Court "that charge associated with an application for granting of suspensory effect, will, must, if it subsequently prove the timely collection of the appeal by sending an identical font, the knowledge will only happen when the Constitutional Court or the administrative court the suspensive effect is not recognized or the complaint and/or appeal is finished."

49. in section 189 subsection 3 third sentence is omitted.

50. the sections 192 and 193 together with headings and section names are lifted.

51. in paragraph 194, first sentence, the expression "(§ 172 Abs. 1) is eliminated".

52. paragraph 195e:

"§ 195e. The approval of the Federal Minister of health order requires 1st of two medical members of the disciplinary Commission and their alternates (§ 140 para. 3), and 2. the disciplinary prosecutor and his deputies at the disciplinary board (article 141).

The Federal Minister of health has the approval granted if the order does not contradict this federal law."

53. paragraph is lifted 197 paragraph 4.

54. According to article 231, 232 the following section including headline is attached:

"Final provisions

section 232. 1 January 2014 § 52 c contact 1 § 37 para 7 and 10, paragraph 4 to 7, § 62 para 5, § 66 b, § 73 para 1, § 80 Z 4, § 80B Z 3, section 91 paragraph 7 to 9, article 113 para 4, § 114, para. 2, § 116, § 117d, § 120, § 132 paragraph 3 to 5, § 134 para. 3 and 4, the heading of the 5th section of the 3 main piece , § 136 paragraph 6, § 138 para 6, article 140, paragraph 1, section 141, § 146 paragraph 2 and 5, § 147 ABS. 1, 3 and 4, section 148, paragraph 2, article 151, para. 3, § 152, article 154, paragraph 2 and 3, article 155, paragraph 3, section 167, paragraph 1, article 167a-167d complete with headings, article 185 together with heading, § 188, 189, para 3, § 194, 195e § and § 232 including heading as amended by Federal Law Gazette I no. 80/2013 in force, as well as 2.
"§ 13a together with heading, section 35a including heading, § 52c para 5, § paragraph 66b paragraph 1, section 91, paragraph 9, article 113 par. 5, 6 and 7, § 117d 1, § 134 para 3, § 138 para 6, paragraphs 168 to 184, including headings and section names, section 187, § 192 including heading, § 193 heading and section 197 (4) force."

Article 10

Change of health and food safety act

Health and food safety Act, Federal Law Gazette I no. 63/2002, as last amended by Federal Law Gazette I no. 112/2011 is amended as follows:

1 § 6a paragraph 2 second sentence deleted.

2. § 6a para 3 second sentence deleted.

3. § 6a paragraph 10 is as follows:

"(10) the Federal Office for security in the health care sector has party position including appeal authority procedure performed before the district administrative authorities or regional administrative court, in the laws mentioned in paragraph 1, insofar as according to these laws, enforcement comes to the Federal Office for security in healthcare. The assessments or findings and decisions are to make to the Federal Office for security in healthcare. The survey of the revision of the administrative court entitled to the Federal Office for security in the health care sector."

4. According to § 19 para 25, 26 the following paragraph shall beadded:

"I no. 80/2013 para 2, 3 and 10 in the version of Federal Law Gazette (26) § 6a with 1 January 2014 into force."

Article 11

Amendment of the epidemic Act 1950

The epidemic Act 1950, BGBl. No. 186/1950, as last amended by Federal Law Gazette I no. 43/2012, is amended as follows:

1 § 43 para 5 shall be repealed, para 6 and 7 receive the designation (5) and (6).

2. According to article 50, para. 3, the following paragraph 4 is added:

"(4) section 43 in the version of Federal Law Gazette I 80/2013 is no. 1 January 2014 into force."

Article 12

Amendment of the tuberculosis Act

The tuberculosis Act, Federal Law Gazette No. 127/1968, as last amended by Federal Law Gazette I no. 65/2002, is amended as follows:

1 § 45 para 3 second sentence deleted.

2. § 47 para 2 second sentence deleted.


3. According to article 54, para. 3, the following paragraph 4 is added:

"(4) I will take no. 80/2013 § 45 para 3 and § 47 para 2 as amended by Federal Law Gazette 1 January 2014 effect."

Article 13

Amendment of the pharmacy Act

The Pharmacy Law, RGBl. No. 5/1907, last amended by the by-laws Federal Law Gazette I no. 70/2012, is amended as follows:

1. paragraph 8a together with the heading:

"Our own pharmacy delivery facilities

§ 8a. Within a radius of six kilometers of road by the establishment of the existing public pharmacy urgently needed medicines to patients are allowed to by their own pharmacy delivery facilities."

1a. in article 45, paragraph 1, as well as its title the word "Appeals" by the word "Complaints" and the word "Appeal" be replaced by the word "Complaint".

2. § 45 para 2 and 4 be cancelled.

3. § 45 para 3 is labeled (2) and is:

"(2) against decisions of the Austrian Chamber of pharmacists in accordance with § § 3 b, 3 c and 3d can be brought complaints to the Administrative Court of the land, area in which the applicant has his main residence. If the applicant has no domestic resident, appeal to the Administrative Court of the land may be brought in whose area the main residence had held most recently in Austria or habitual residence is situated. If one fails, appeal at the Administrative Court of country may be raised, in whose area the profession of pharmacist is to be exercised."

4. in article 51, paragraph 3, the phrase "Appeal of the independent administrative Senate of the country" is replaced by the phrase "Appeal to the Administrative Court of the country".

4A. is section 62a, paragraph 1:

"(1) I has been following the entry in force of this Federal Act in the version of Federal Law Gazette No. 41 / 2006, but before January 1, 2016 a concession a public pharmacy for a facility granted in their community at the time of the application pursuant to section 9 ASVG, which are occupied by doctors for general medicine existed, so is by way of derogation from article 29, para. 3 two treaty bodies section 342(1) - unless the permit to the attitude of the medical medicine cabinet on March 29, 2006 was already legally granted -" and 4 the permit to hold a medical medicine cabinet at the end of the calendar year in which the holder of the permit to the attitude of the medical home pharmacy has completed the age of 65, but at the latest upon expiry of the 31 December 2018 to withdraw."

4B. According to § 62b shall be inserted following §§ 63 and 64:

"section 63. The area in the § 10 ABS. 2 Z 1, para 3 and 3a, § 28 para. 2 and 3, article 29, paragraph 1 Z 2, para 2 and 3 and section 62a municipality arises from the at the time of entry into force of the Federal Act Federal Law Gazette I no. 41 / municipal area each set in 2006 according to state regulations.

"§ 64. section 62a para 1 as amended by Federal Law Gazette I no. 80/2013 1 January 2014 into force."

5. § 68a para 2 last sentence deleted.

6. after section 68a (4) the following paragraph 5 is added:

"(5) article 45, § 51 para 3 and § 68a para 2 as amended by Federal Law Gazette I no. 80/2013 1 January 2014 into force."

Article 14

Modification of the salary Fund Act 2002

The 2002 salary Fund Act, Federal Law Gazette I no. 154/2001, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1. paragraph 44:

"§ 44. Complaint may be inserted against the decisions referred to in §§ 11 par. 2, 17, 25, 31 and 42. A suspensive effect doesn't come to an appeal brought against a decision of notices of payment due pursuant to article 11 paragraph 2."

2. § 75a receives the description of paragraph (1), the following paragraph 2 is added:

"(2) section 44 in the version of Federal Law Gazette I 80/2013 is no. 1 January 2014 into force."

Article 15

Amendment of the pharmacist Chamber Act 2001

The pharmacist Chamber Act 2001, Federal Law Gazette I no. 111/2001, as last amended by Federal Law Gazette I no. 64/2011, is amended as follows:

1. § 7 paragraph 7, second sentence, is eliminated.

2. § 9 par. 1 Z 9 is the word "and" appended, section 9, paragraph 1 shall be repealed Z 10 and § 9 para 1 is labeled "10." Z 11.

3. § 13 para 1 subpara 1 is: "1. the order of advisors to nominierenden from their Department and Deputy for the Disciplinary Council," 4. § 17 para 4 is the last sentence.

5. paragraph 32 subsection 6:

"(6) within one week after the announcement of the election result each group to select choice advertiser approved can appeal against the election result through their authorised agent in the main Electoral Commission. No suspensive effect is an appeal against the decision of the main Election Commission on election challenges."

6 paragraph 43 paragraph 2:

"(2) on the instructions of the Federal Minister of health, the disciplinary prosecutor is obliged to file a disciplinary complaint and to raise complaint."

7 paragraph 45 paragraph 4:

"(4) the accused and the disciplinary prosecutor are furthermore entitled to reject individual members of the Disciplinary Committee of partiality, if they are capable reasons to specify which are likely to put the full impartiality of to negative in doubt (article 44, para. 3, first sentence, StPO)." Exclusion or bias issues are immediately known to the Chairman of the disciplinary board. The Chairman of the disciplinary board decides on the existence of exclusion or for reasons of bias, after the beginning of the hearing of the Disciplinary Council decides by decision. Against these decisions a separate complaint may not."

8 § 47 para 3 last sentence reads:

"A separate complaint is not allowed against this decision."

9 § 48 para 2 second sentence reads:

"A separate complaint is not allowed against this decision."

10 § 48 para 3 first sentence reads:

"The order is to deliver the disciplinary counsel, which can raise, however, appeal to the Administrative Court of the land."

11 paragraph 50:

"article 50. In the absence of the accused can be carried out the negotiations and the disciplinary knowledge like, if he previously had the opportunity to comment on the allegations against him, the charge has been properly delivered to him and he is absent without sufficient excuse of negotiation."

12 paragraph 57 together with the heading:

"Appeal to the Administrative Court of the land

Section 57 (1) on appeals against findings and decisions of the Disciplinary Council decides the country's administrative court.

(2) Beschwerdelegitimiert are the accused and the disciplinary prosecutor.

(3) a separate appeal is not permitted against the procedure preliminary injunctions.

(4) findings and decisions of the Administrative Court of the State disciplinary board are to bring the Austrian Chamber of pharmacists.

"(5) the right to appeal against the findings of the Administrative Court of the country in accordance with article 133 § 1 Z 1 B-VG is also the disciplinary law."

13. the articles 58 to 65 with headings shall be repealed.

14 paragraph 66 par. 2 and 3:

"(2) imposed fines, as well as the costs of the disciplinary proceedings before the Disciplinary Committee allocated to the Austrian Chamber of pharmacists. You are inserted in the administrative way.

(3) if the immediate payment of a fine or the costs of the proceedings were unreasonably hard the debtor, who has to grant a reasonable postponement or payment in installments Disciplinary Committee upon request by ruling."

15 paragraph 68 paragraph 1:

'(1) the members of the disciplinary board and the disciplinary prosecutor exercise voluntarily their function as well as their deputies - without prejudice to the provided effort and feature compensation -.'

16. in article 68, par. 3 and 4, respectively, the phrase "and of the disciplinary Appeal Tribunal" is omitted.

17. in article 69, paragraph 2, the phrase "and of the disciplinary Appeal Tribunal" is omitted.

18 § 69 para 5 and 6 are repealed, paragraph 7 receives the sales designation (5).

19 paragraph 70 paragraph 2:

"The provisions of the code of criminal procedure apply mutatis mutandis (2) for the restoration. This can be applied for against the failure to observe of a hearing."

20 § 70 para 3 is as follows:

"(3) Furthermore, the provisions of the General Administrative Procedure Act with the exception of paragraphs 2 to 4, 12, 42 para 1 and 2, 51, 57, 63 para 1 and 5 are second half-sentence, 64 in the proceedings before the disciplinary board first and second sentence para 2, 64a, in this respect apply by analogy to 68 para 2 and 3 and 75 to 80, as resulting from the provisions of the fourth section of this federal law not different results and the application of the provisions of the code of criminal procedure principles and characteristics" of the disciplinary procedure is consistent."

21 paragraph 74 para 4 and 5:

"The President is (4) responsible to decide on the contribution of Chamber of. Against decisions of the President, the right of appeal to the Administrative Court of the land is to the person concerned.

(5) arrears charges, charges for special services and other mandatory contributions can be introduced in 1991, BGBl. No. 53, after a gap card is issued by the President after the administrative enforcement Act."

22 § 75 including the header is omitted.


23 § 79B para 2 is added to the following set:

"Against decisions of the Federal Minister of health is to the Austrian Chamber of pharmacists the right of appeal to the Administrative Court of the land."

24 section 79c paragraph 7 reads:

"(7) the order of the disciplinary prosecutor and his Deputy requires the approval of the Federal Minister of health. The approval is granted if the order does not contradict this federal law."

25 § 81 paragraph 12 is added the following paragraph 13:

"(13) § 7 paragraph 7, article 9, paragraph 1, article 13, paragraph 1 Z 1, § 17 para 4, § 32 paragraph 6, article 43, paragraph 2, § 45 para 4, § 47 para. 3, § 48 para 2 and 3, § 50, § 57 together with headline, article 66 par. 2 and 3, article 68, paragraph 1, 3 and 4, § 69, § 70 para. 2 and 3, section 74 para 4, § 79 para 2, § 79c § 7 and § 82 No. 2 lit." I 80/2013 No. b in the version of Federal Law Gazette with 1 January 2014 into force. The articles 58 to 65 with heading and section 75 and heading occur upon expiration of the 31.12.2013 override."

26 § 82 subpara 2 lit. b is: "b) in terms of section 46 and article 47 paragraph 6 in consultation with the Federal Minister of Justice" article 16

Change of the animal disease Act

The animal health law - TSG, RGBl. No. 177/1909, as last amended by the Federal Act, Federal Law Gazette I no. 50/2012, is amended as follows:

1 the last sentence is omitted § 43.

2. § 58 para 1 last sentence deleted.

3. the heading to § 69 reads:

"Territorial jurisdiction in certain criminal proceedings"

4. § 70 together with heading shall be repealed.

5. § 76 including heading shall be repealed.

6 § 77 the following paragraph 14 is added:

"I no. 80/2013 (14) § § 43, 58 para 1 and the heading to § 69 as amended by Federal Law Gazette with 1 January 2014 into force. 1 January 2014 the §§ 70 and 76 override contact."

Article 17

Change of the animal health law

The animal health law (TGG), Federal Law Gazette I no 133/1999, as last amended by Federal Law Gazette I no. 16/2006 as well as the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3/2009 is amended as follows:

1. paragraph 14:

"The Governor decides § 14 (1) of the and withdrawing the compensation.

(2) the right to levy an appeal against a decision referred to in paragraph 1 is represented by the Finanzprokuratur, also the Federal."

2. According to article 17, paragraph 1, the following paragraph 1 c shall be inserted b:

"(1C) § 14 as amended by Federal Law Gazette I no. 80/2013 1 January 2014 into force."

Article 18

Amendment to the animal welfare act

The animal welfare act - ed., Federal Law Gazette I no. 118/2004, as last amended by the animal law amendment Act, Federal Law Gazette I no. 114/2012, is amended as follows:

1 § 33 para 2 is cancelled.

2. According to article 41, paragraph 4, the following paragraph 4a is inserted:

"(4a) the animal protection Ombudsman is entitled to collect complaints about illegality in the Administrative Court of the land against administrative decisions in matters of the Federal Act. He has in appeal proceedings at the Administrative Court of the country concerning this Federal Act party position."

22 the following paragraph is added to § 3. 44:

"(22) with 1 January 2014 paragraph 4a amended by Federal Law Gazette is 1 § 33 para 2 override and 2. section 41 I no. 80/2013 in force."

Article 19

Amendment to the veterinary Act

The veterinary Act, Federal Law Gazette No. 16/1975, as last amended by Federal Law Gazette I no. 86/2012, is amended as follows:

1. paragraph 6 ABS. 3:

"(3) the applicant does not meet the legal requirements so the Chamber has to fail the registration decision. Against the decision the appeal at the Administrative Court of that country can also be imposed for the envisaged professional seat or place of employment or, if at the time of application is a professional seat nor a location in Vista - is responsible for the place of residence of the applicant. Also no domestic residence, the regional administrative Court of Vienna is responsible."

2. section 14 d para 3 shall be repealed.

3. paragraph 14 h para 3:

"(3) expert veterinarians and specialist veterinarian have to an extent established by the Congress of delegates in the Fachtierarztausbildungs - and specialist veterinarian examinations to further training and to demonstrate this training of the examination Commission veterinarian. Not the necessary level of training is proven period of five years, the Audit Commission veterinarian has the right to request the withdrawal of expert veterinarian title at the Board of Directors of the Chamber. The Board thereon with notice to decide."

4. § cancels 72 paragraph 6.

5. According to section 75, b the following section 75 c is inserted:

"§ 75c." 1 January 2014 the §§ 6, paragraph 3, and 14 h contact para 3 as amended by Federal Law Gazette I no. 80/2013 in force. 1 January 2014 the sections 14 d para 3 and 72 contact para 6 override."

Article 20

Amendment to the Veterinary Medical Association Act

The animal Medical Council Act, Federal Law Gazette I no. 86/2012, is amended as follows:

1. in the table of contents is following the line "§ 1. Legal status and seat"following row is inserted:



„§ 2.



General information and definitions' 2. § 9 paragraph 8 reads:

"(8) a person may be only part of a Department. The Board of Directors decides on disputes regarding the affiliation of the Department. There is the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51, to apply in such proceedings. A legal complaint to the Administrative Court of the land can be raised against."

3. paragraph 35 section 4:

"(4) in proceedings the Board decides upon the contribution of Chamber of by decision. In such proceedings, the AVG is to apply. A legal complaint to the Administrative Court of the land can be raised against."

4. the following paragraph 7 is added to paragraph 37:

"(7) against the decisions referred to in paragraph 2 and 6 complaints to the Administrative Court of the country can be brought."

5. § 38 the following paragraph 7 is added:

"(7) against the decisions referred to in paragraph 4 and 5 appeal to the Administrative Court of the country can be brought."

6 the following paragraph 8 is added to § 39:

"(8) against the decisions referred to in paragraph 4 and 5 appeal to the Administrative Court of the country can be brought."

7 paragraph 42 para 3:

"(3) the Board of Trustees determines by decision. In such proceedings, the AVG is to apply. A legal complaint to the Administrative Court of the land can be raised against."

8 § 63 para 5 is as follows:

"(5) appeals against provisional measures have no suspensive effect."

9 paragraph 66 section 2:

"(2) the members of the disciplinary Commission are involved in performance of their duties on any instructions."

10 paragraph 66 para 4 and 5:

"(4) or the Chairman and their or his Deputy or its substitute is appointed from the State of legally qualified staff of the Federal Ministry of health. Furthermore is the sufficient number of members in the circle of ordinary members of the Chamber, taking into account are the departments in accordance with § 9 par. 5 to order.

(5) the Chairman as well as which or whose substitute or Deputy be ordered proposal of the Department committees the Veterinary Association on proposal of the Board of the Federal Minister and the Federal Minister of health, the other members of the Board of Directors of the Veterinary Medical Association about."

11 § 67 para 3 Z 3 is: "3. upon justified request of the Commissioner or of the incumbent by the Federal Minister and the Federal Minister of health, ordered by removal, and with the members through this or this, when the other members by the Board of Directors of the Veterinary Association, or ' 12 § 68 para 2 is:

"(2) the Senate one or a legally qualified official of the Federal Ministry of health as Chairman or Chairman, 2 each consist of 1 a member from among the regular members of the Chamber, which belongs to the Department of self-employed persons, and 3. a member from among the ordinary members of the Chamber, is that the Department of employees."

13 69 paragraph 1 the following sentence is added to §:

"The disciplinary attorney or the disciplinary prosecutor and Deputy or Deputy must be legally qualified.

14 paragraph 69 paragraph 2:

"The display of disciplinary to the Disciplinary Committee and representation of the ads in the disciplinary proceedings is (2) the disciplinary attorney or the disciplinary counsel. You or he has in process on disciplinary matters before the Disciplinary Committee and the administrative courts have the status."

15 paragraph 69 paragraph 6:

"(6) the disciplinary attorney or the disciplinary prosecutor has the right to raise complaints to the Administrative Court of the land against reverse laying decisions (§ 73 para 8), setting decisions (section 75 para. 4), and findings of the disciplinary Commission. He has also the right against findings to raise the administrative court appeal to the administrative court. On the instructions of the supervisory authority is required. the disciplinary attorney or the disciplinary prosecutor to survey the appeal or revision"

16 section 74 paragraph 3 last sentence deleted.

17 section 75 para 3 second sentence deleted.

18 § 76 para 3 last sentence reads:

"Against the denial of access to the file, a separate appeal is not allowed."

19 § 86 the following paragraph 3 is added:


"(3) the contents, § 9 paragraph 8, section 35 (4), § 37 para 7, § 38 paragraph 7, § 39 para 8, § 42 para 3, § 63 para 5, § 66 ABS 2, 4 and 5, article 67 para. 3 Z 3, article 68, paragraph 2, article 69, paragraph 1, 2 and 6, section 74 subsection 3, § 75 ABS. 3, § 76 para. 3, and section 87 as amended by Federal Law Gazette I no. 80/2013 with 1 January 2014 into force."

20 paragraph 87:

"§ 87. With the completion of this Federal Act the Federal Minister or the Federal Minister of health is in charge."

Article 21

Amendment of the bang disease Act

The bang disease Act, Federal Law Gazette No 147/1957, as last amended by Federal Law Gazette I no. 67/2005 as well as the Federal Ministry of law amendment of 2009, Federal Law Gazette I no. 3/2009 is amended as follows:

1 paragraph 4 section 3:

"The district administrative authority has (3) the obligation to launch and the deadline referred to in paragraph 2 by ruling to pronounce (levy notice)."

2. § is inserted the following paragraph 1 c b according to article 23, paragraph 1:

"(1C) § 4 para 3 as amended by Federal Law Gazette I no. 80/2013 1 January 2014 into force."

Article 22

Amendment of the Federal Act to implement immediately applicable Union regulations in the field of animal welfare

The Federal Act on the implementation of directly applicable Union regulations in the field of animal protection, Federal Law Gazette I no. 47/2013, is amended as follows:

1 § 2 para 2 is cancelled.

2. According to § 3 para 1 No. 2 following Z 2a is inserted: '2a.
The animal protection Ombudsman is entitled to collect complaints about illegality in the Administrative Court of the land against administrative decisions in matters of the Federal Act. He has in appeal proceedings at the Administrative Court of the country concerning this Federal Act party position."

3. after article 12 the following article 13 together with the heading is added:

"Entry into force and expiry

§ 13. "With 1 January 2014 Z 2a in the version of Federal Law Gazette comes 1 § 2 para 2 override and 2. § 3 ABS. 1 I no. 80/2013 in force."

Article 23

Modification of the food safety and Consumer Protection Act

The food safety and Consumer Protection Act - LMSVG, Federal Law Gazette I no. 13/2006, last amended by Federal Law Gazette I no. 95/2010, is amended as follows:

1. in the table of contents is the phrase "§ 40 official complaint" by the phrase "§ 40 revision" and the phrase "§ 94 official complaint" by the phrase "§ 94 revision" replaced.

2. § 28 para 2 penultimate sentence reads:

"The complaint against that decision has no suspensive effect."

3. § 28 paragraph 6 is cancelled.

4. § 39 para 5 is cancelled.

5. paragraph 40 together with the heading:

"Revision

section 40. Against findings and decisions of administrative courts of the countries of that have been adopted on the basis of section 39, the Governor, is to raise review in the administrative court."

6 § shall be repealed 45 par. 7.

7. in article 58, paragraph 3, the expression "Vocations" is replaced by the expression "Complaints".

8. in article 59, paragraph 5, the expression "Appeal" is replaced by the expression "Appeal".

9 in section 91, paragraph 2, the phrase "Independent administrative Senate in the countries" is replaced by the phrase "Administrative courts of countries".

10 paragraph 94 and heading:

"Revision

§ 94. Against findings and decisions of administrative courts of countries which have been adopted in administrative criminal proceedings on the basis of this Federal Act, the Governor, is to review in the administrative court."

11. the section 95 19 the following paragraph is added:

"(19) § 28 para 2 penultimate sentence, § 40, § 58 paragraph 3, section 59 para 5, section 91 paragraph 2 and § 94 as amended by Federal Law Gazette I no. 80/2013 with 1 January 2014 into force." § 28 para 6, § 39 para 5 and § 45 para 7 contact 1 January 2014 except force."

Article 24

Federal law, which changes the Food Act 1975

The Food Act 1975 - LMG 1975, Federal Law Gazette No. 86/1975, as last amended by Federal Law Gazette I no. 121/2008, is amended as follows:

1 § is repealed 41 section 5.

The following section 75 is attached 2. § 74:

"§ 75. § 41 para 5 comes with 1 January 2014 override."

Fischer

Faymann