Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry Of Finance

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Bundesministerium für Finanzen

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70. Federal Law, with which the Financial Market Supervisory Authority Act, the Banking Act, the Austrian Stock Exchange Act 1989, the E-Money Act 2010, the Payment Services Act, the Investment Fund Act 2011, the Real Estate Investment Fund Act, the The Securities and Markets Act 2007, the Capital Market Act, the rating agency law enforcement act, the central counterparty law enforcement act, the Pensionskassengesetz (Pensionskassengesetz), the Insurance Supervision Act (Insurance Supervision Act), the Punciling Act 2000, the Fees Act 1957, the Gambling Law, the Federal Tax Code, the Financial Criminal Law, the EU-Financial Enforcement Act, the Federal Finance Court Act, the Federal Pension Act and the Broadcasting Law on Broadcasting Law (Administrative Court of Adaptation Act-Federal Ministry of Finance)

The National Council has decided:

table of contents

Article 1

Amendment of the Financial Market Supervisory Authority Act

Article 2

Amendment of the Banking Act

Article 3

Amendment of the 1989 Stock Exchange Act

Article 4

Amendment of the E-Money Act 2010

Article 5

Amendment of the Payment Services Act

Article 6

Amendment of the Investment Fund Act 2011

Article 7

Amendment of Real Estate Investment Fund Law

Article 8

Amendment of the Securities and Markets Act 2007

Article 9

Amendment of the Capital Market Act

Article 10

Amendment of the "Ratingagenturenvolltraction Act"

Article 11

Amendment of the Central Counterparty Law on Enforcement

Article 12

Amendment of the Pensionskassengesetz

Article 13

Amendment of the Insurance Supervision Act

Article 14

Amendment of the Puncting Act 2000

Article 15

Amendment of the Fees Act 1957

Article 16

Amendment of the Gambling Act

Article 17

Amendment of the Federal Tax Code

Article 18

Amendment of the Financial Criminal Law

Article 19

Amendment of the EU's Financial Enforcement Act

Article 20

Amendment of the Federal Finance Court Act

Article 21

Amendment of the BundespensionsamtTransferungs-Gesetz

Article 22

Amendment of the Broadcasting Law

Article 1

Amendment of the Financial Market Supervisory Authority Act

The Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, as last amended by the Federal Law BGBl. I No 21/2013, shall be amended as follows:

1. § 22 (2) reads:

" (2) complaints against cases of the FMA and requests for proposals have no suspensive effect, except in the case of administrative criminal matters. Upon request, the appeal is to be recognized by the Federal Administrative Court after consulting the FMA with a decision, in so far as the non-compelling public interest is contrary to and after consideration of all the interests in contact with the FMA would be a disproportionate disadvantage to the complainant. If the suspensive effect is granted, the enforcement of the contested decision shall be postponed and shall be required to have the necessary orders. If the conditions which were decisive for the decision on the suspensive effect have substantially changed, a new decision shall be taken at the request of one of the parties. "

2. According to Article 22 (2), the following paragraph 2a is inserted:

" (2a) The Federal Administrative Court (Bundesverwaltungsgericht) of the Federal Administrative Court (Bundesverwaltungsgericht) of the Federal Administrative Court (Bundesverwaltungsgericht) by the Senate, with the exception of administrative criminal cases in cases where there is neither a primary custodial sentence nor a financial penalty exceeding 600 euros, decides on complaints against the FMA. . A complaint shall be made, except in the case of administrative offences, within the time limit within which it is to be decided in the first instance, but no later than six months; the time limit shall begin with the receipt of the complaint lodged with the Federal Administrative Court to run. "

3. § 23 together with the title shall be deleted.

(4) The following paragraph 22 is added to § 28:

" (22) § 22 (2) and (2a) in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. Section 23, together with the title, shall expire on 31 December 2013. "

Article 2

Amendment of the Banking Act

The Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 119/2012, shall be amended as follows:

1. § 41 (3) last sentence reads:

"The agreement of the customer shall contain the indication that he or another person concerned is entitled to lodge a complaint for breach of his rights to the Federal Administrative Court."

2. In § 99b the word sequence shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 77 is added to § 107:

" (77) § 41 para. 3 and § 99b in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. "

Article 3

Amendment of the 1989 Stock Exchange Act

The Stock Exchange Act 1989-BörseG, BGBl. N ° 555/1989, as last amended by the Federal Law BGBl. I n ° 119/2012, shall be amended as follows:

1. § 25 (7) third sentence reads:

"The agreement of the contracting party shall contain the indication that he or any other person concerned is entitled to lodge a complaint for breach of his rights to the Federal Administrative Court."

2. § 44 (5) deleted.

Section 64 (2) reads as follows:

" (2) The appeal to the Federal Administrative Court is admissible

1.

against the failure to grant authorisation,

2.

against the revocation of the authorisation (para. 5). "

4. § 64 (3) is deleted.

5. § 64a.

6. In § 96a the phrase "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

7. The following paragraph 37 is added to § 102:

" (37) § 25 para. 7, § 64 para. 2 and § 96a in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. Section 44 (5), section 64 (3) and section 64a shall expire on 31 December 2013. "

Article 4

Amendment of the E-Money Act 2010

The E-Money Act 2010, BGBl. I n ° 107/2010, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In Section 30 (2), the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 4 is added to § 41:

" (4) § 30 para. 2 in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 5

Amendment of the Payment Services Act

The Payment Services Act BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I n ° 20/2013, shall be amended as follows:

1. In Section 69 (2), the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 10 is added to § 79:

" (10) § 69 (2) in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 6

Amendment of the Investment Fund Act 2011

The investment fund law 2011-InvFG 2011, BGBl. I n ° 77/2011, as last amended by the Federal Law BGBl. I No 83/2012, will be amended as follows:

1. § 193 (2) reads:

"(2) In the case of administrative transgressions in accordance with § § 190 to 191, a limitation period of 18 months shall be applied instead of the limitation period of § 31 para. 1 VStG."

2. The following paragraph 6 is added to § 200:

" (6) § 193 para. 2 in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 7

Amendment of Real Estate Investment Fund Law

The Real Estate Investment Fund Act-ImmoInvFG, BGBl. I n ° 80/2003, as last amended by the Federal Law BGBl. I No 83/2012, will be amended as follows:

1. In Section 38 (3), the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 10 is added to § 44:

" (10) § 38 (3) in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 8

Amendment of the Securities and Markets Act 2007

The Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, as last amended by the Federal Law BGBl. I n ° 119/2012, shall be amended as follows:

1. In § 96, para. 2, the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 16 is added to § 108:

" (16) § 96 (2) in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 9

Amendment of the Capital Market Act

The Capital Market Act-KMG, BGBl. N ° 625/1991, as last amended by the Federal Law BGBl. I No 83/2012, will be amended as follows:

1. In § 17d the phrase "§ 31 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 16 is added to § 19:

" (16) § 17d in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 10

Amendment of the "Ratingagenturenvolltraction Act"

The Ratingagenturenvolltract-RAVG, BGBl. I n ° 68/2010, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In Section 6 (2), the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

2. § 11 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) § 6 para. 2 in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 11

Amendment of the Central Counterparty Law on Enforcement

The Central Counterparty Law Enforcement Act-ZGVG, BGBl. I No 97/2012, shall be amended as follows:

1. In Section 7 (2), the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

2. In accordance with § 11, the following § 12 shall be added together with the heading:

" Entry into

" § 12. Section 7 (2) in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 12

Amendment of the Pensionskassengesetz

The Pensionskassengesetz-PKG, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. In § 47a, the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(2) The following paragraph 37 is added to § 51:

" (37) § 47a in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 13

Amendment of the Insurance Supervision Act

The Insurance Supervision Act-VAG, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I n ° 12/2013, shall be amended as follows:

1. § 98f (3) last sentence reads:

"The agreement of the customer shall contain the indication that he or another person concerned is entitled to lodge a complaint for breach of his rights to the Federal Administrative Court."

2. In § 111, the word order shall be "§ 31 para. 2 VStG of six months" through the phrase "§ 31 (1) VStG" replaced.

(3) The following paragraph 34 is added to § 119i:

" (34) § 98f paragraph 3 and § 111 in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. "

Article 14

Amendment of the Puncting Act 2000

The Puncting Act 2000, BGBl. I n ° 24/2001, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 21 (1) reads:

" (1) The supervision of compliance with the provisions of this Federal Act is subject to the Vienna Customs Office, subject to § § 20 and 27 (2). The appeal to the Federal Administrative Court is admissible. The customs office of Vienna has to fulfil its duties:

1.

the Puncting control bodies,

2.

of the precious metal control laboratory. "

2. In § 27 (3) the word order shall be "§ 31 (2) VStG" through the phrase "§ 31 (1) VStG" and the phrase "§ 31 (3) VStG" through the phrase "§ 31 (2) and (3) of the VStG" replaced.

3. The following paragraph 5 is added to § 33:

" (5) § 21 (1) and § 27 (3) in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. "

Article 15

Amendment of the Fees Act 1957

The Fees Act 1957, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 28/2013, shall be amended as follows:

1. § 14 (5) (5) (5) is amended as follows:

(a) Z 1 is:

" 1.

Inputs to the Courts in accordance with the following provisions:

a)

Input into judicial administrative matters shall be exempted from the input fee only if a judicial administrative fee is provided for;

b)

excluded from the exemption are entries to the administrative courts of the Länder, the Federal Administrative Court and the Federal Finance Court within the meaning of Art. 129 B-VG; for submissions including supplements to the Federal Administrative Court, the Federal Government to lay down flat-rate fees, the date on which the fee debt is incurred and the nature of the payment of the flat-rate fees; "

(b) Z 4 and 4a are:

" 4.

Inputs to administrative authorities, except in the case of customs authorities in the cases of Z 4a, and to the administrative courts of the Länder, the Federal Administrative Court and the Federal Financial Tribunal in the case of duties;

4a.

Inputs to customs authorities and to the Federal Financial Court in matters of customs law or other input or exit charges; "

2. In § 14 of the German collective bargaining post 10 (1), the Z 4 and 6 are deleted.

3. In § 37, the following paragraph 32 is added:

" (32) § 14 of the German Collective Bargaining Agreement 6 (5) Z 1, 4 and 4a, as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 70/2013, occurs with 1. Jänner 2014 in force. Section 14 of the tariff post 10 para. 1 Z 4 and Z 6 in the version prior to the Federal Act BGBl. I n ° 70/2013 comes with 1. Jänner 2014 shall be repealed and shall be applied for the last time to all matters for which the fee is to be paid before the 1. Jänner 2014 is being created. "

Article 16

Amendment of the Gambling Act

The gambling law, BGBl. N ° 620/1989, as last amended by the Federal Law BGBl. I No 112/2012, shall be amended as follows:

(1) § 50 is amended as follows:

(a) para. 1 reads:

" (1) For criminal proceedings and operational closures under this Federal Act, the district administrative authorities, in the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, are the State Police Directorate Responsible. Such decisions may be appealed to an administrative court of the country. "

(b) In paragraph 5, the word shall be replaced by the word "vocation" the word "Complaint" .

(c) paragraph 7 reads:

" (7) The Federal Minister of Finance is entitled to file a revision to the Administrative Court against decisions of the Administrative Courts of the Länder. The Administrative Courts of the Länder shall immediately send the copies of the decisions of the Federal Minister of Finance to the Federal Minister for Finance. "

2. § 52 (5) deleted.

3. In Section 54 (2), the word shall be replaced by the word "vocation" the word "Complaint" .

4. In accordance with § 56a, the following § 56b with title is inserted:

" Proceedings before the Federal Administrative Court

§ 56b. The Federal Administrative Court may lodge a complaint against the Federal Minister of Finance in matters relating to the enforcement of this Federal Law. In proceedings pursuant to § § 14, 21 and 22 the decision of the Federal Administrative Court shall be made by a senate. "

5. In Section 59a (6), the word order shall be deleted "in first instance" .

(6) The following paragraph 32 is added to § 60:

" (32) § 50 (1), (5) and (7), § 54 (2), § 56b and § 59a (6), respectively in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. Section 52 (5) shall expire at the end of 30 June 2013. "

Article 17

Amendment of the Federal Tax Code

The Federal Tax Code, BGBl. No. 194/1961, as last amended by the Federal Law BGBl. I n ° 14/2013, shall be amended as follows:

(1) In § 2a the following sentence shall be added:

"§ 54 VwGVG, however, applies mutationally to the proceedings of the administrative courts of the Länder."

2. § 188 (5) last sentence reads:

" Such a communication only acts in relation to the other, to which income is attributed in the sayings of the atonus. not to be counted. "

3. § 191 (5) last sentence reads:

" Such a communication only acts in relation to the other, to which income is attributed in the sayings of the atonus. not to be counted. "

(4) § 201 is amended as follows:

a)

In paragraph 2, Z 3, the quote is deleted " 1 " and the phrase "from officals" .

b)

In paragraph 3, Z 2 is deleted.

Section 272 (5) reads as follows:

"(5) corrections (§ 293, § 293a and § 293b) and cancellations of the seizure (§ 289) of the findings and decisions adopted by the individual judge are the responsibility of the individual judge, but if the Senate has decided, the Senate."

6. In § 295 (4), the word shall be replaced by the word "vocation" the word "Modest Complaint" .

7. In § 323, the following paragraph 40 is added:

" (40) § § 2a, 201 (2) and (3), 272 (5) and 295 (4), respectively in the version of the Federal Law, BGBl. I No 70/2013, with 1. Jänner 2014 in force. "

Article 18

Amendment of the Financial Criminal Law

The Financial Criminal Law, BGBl. N ° 129/1958, as last amended by the Federal Law BGBl. I No 33/2013, shall be amended as follows:

1. In § 67 (2), the word sequence shall be deleted "for financial criminal law" .

2. § 70 (1) last sentence reads:

"The complaint to the Federal Administrative Court shall be admissible against the assessment of the remuneration in accordance with the provisions of the relevant provisions of the law."

3. § 71a (2), last sentence shall be deleted.

4. In § 73 the word order shall be "Institutions of the Financial Criminal Authority" through the phrase "Institutions of the Financial Criminal Authority and of the Federal Financial Court" replaced.

5. The following paragraph 1u is added to § 265:

" (1u) § § 67 (2), 70 (1), 71a (1) and 73 (1) and (73) respectively in the version of the Federal Law BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. "

Article 19

Amendment of the EU's Financial Enforcement Act

The Federal Act implementing the Framework Decision on the application of the principle of mutual recognition of financial penalties and fines in the field of administrative financial criminal proceedings (EU Financial Enforcement Law- EU-FinStrVG), BGBl. I n ° 19/2009, as last amended by the Federal Law BGBl. I No 76/2011, shall be amended as follows:

1. In § § 3 (3), 4 (1), 13 (1), the word sequence shall be deleted. "first instance".

2. In accordance with § 18, the following § 19 with headline is inserted:

" Entry into

§ 19. § § 3 (3), 4 (1) and 13 (1), respectively, in the version BGBl. I n ° 70/2013 will be 1. Jänner 2014 in force. "

Article 20

Amendment of the Federal Finance Court Act

The Federal Finance Court Act, BGBl. I n ° 14/2013, shall be amended as follows:

(1) The following paragraph 5 is added to § 5:

" (5) The President and Vice-President or Vice-President shall be appointed by the President of the Federal Republic of Germany or by the Federal President on a proposal from the Federal Government. Prior to the Federal Government's advance payment, the applicants are from a Commission consisting of a representative of the Federal Minister of Finance or of the Federal Minister of Finance, two representatives of the Federal Ministry of Finance, or two representatives of the Federal Government. Representatives of science with academic teaching qualification of a legal scholarly subject at a university as well as the presidents of the Constitutional Court, the Administrative Court and the Supreme Court of Justice, or of a person who is responsible for inviting them to a hearing. The Commission has to recommend to the Federal Government at least three applicants for the application of the proposal. "

2. In Section 12 (5), the phrase shall be replaced by the phrase "which judge" the phrase "which Judge" and in place of the word "Appointment senates" the word "Senates" .

3. § 13 is amended as follows:

(a) In paragraph 3, Z 1 shall replace the word "Judge" the word "Richters" and the punctuation ". is represented by the punctuation ";" replaced.

(b) (3) (3) is:

" 3.

the setting-up of chambers (§ 11) and their business areas, as well as the individual judges and Senate (§ 12), which are combined in the individual chambers; "

c)

In paragraph 10, the reference shall be made to the position of the reference " 8 " the reference " 9 " .

4. The following paragraph 5 is added to § 28:

" (5) § § 4 to 6 and 8 to 10 of the Administrative Court Jurisdiction Transitional Act, BGBl. I No 33/2013, apply mutatis mutudly to those matters which fall within the jurisdiction of the Federal Financial Court. If revisions are brought before the Federal Financial Court in good time, notwithstanding the provisions of § 4 (5), first sentence of the Administrative Jurisdiction Transitional Act, they shall also be deemed to have been submitted to the Administrative Court in good time; they shall be submitted by the Federal Finance Court shall be forwarded immediately to the Administrative Court. "

Article 21

Amendment of the BundespensionsamtTransferungs-Gesetz

The Federal Act on the Transfer of the Tasks of the Federal Penal Office to the Insurance Institution of Public Service (BundespensionsamtTransferungs-Gesetz-BPAÜG), BGBl. I n ° 89/2006, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 3 reads:

" § 3. The party has the right to complain to the Federal Administrative Court against a modesty of the insurance institution in matters pursuant to Section 1 (1) (1) (1) (1) (1). The Federal Minister of Finance is the objectively considered upper authority. "

(2) The following paragraph 4 is added to § 15:

" (4) § 3 in the version of the Federal Law BGBl. I n ° 70/2013 comes with 1. Jänner 2014 in force. "

Article 22

Amendment of the Broadcasting Law

The Federal Act concerning the collection of broadcasting fees (Broadcasting Fees Act-RGG), BGBl. I n ° 159/1999, as amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In § 5 (4) the 1. Set.

2. In § 5 (4), second sentence, the word "more" .

3. § 6 para. 1, 1. Set, is:

"The exercise of the administrative tasks in accordance with § 4 (1) is the responsibility of the company; a complaint to the Federal Administrative Court shall be admissible against the authority issued by the company."

(4) The following paragraph 7 is added to § 9:

" (7) § 5 (4) and § 6 (1), each in the version of the Federal Law BGBl. I No 70/2013, with 1. Jänner 2014 in force. "

Fischer

Faymann