Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry Of Finance

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Bundesministerium für Finanzen

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996574/verwaltungsgerichtsbarkeits-anpassungsgesetz--bundesministerium-fr-finanzen.html

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70. Federal law, with the financial market supervisory authority Act, the Banking Act, the Stock Exchange Act 1989, the E-money law 2010, the payment Services Act, the investment fund law 2011, the real estate investment Fund Act, the securities supervision Act 2007, the capital market law, the rating agency enforcement Act, central counterparties enforcement law, the pension fund law, the insurance supervision law, the Hallmarking Act 2000, the fees Act 1957, Gambling Act, the federal tax code, the financial Penal Code, the EU financial Enforcement Act, the Federal Finance Court law, the Bundespensionsamtübertragungs Act and the Act on licence fees be changed (Verwaltungsgerichtsbarkeits adjustment Act Federal Ministry of Finance)

The National Council has decided:

Table of contents article 1 amendment of the financial market Authority Act article 2 amendment of the Banking Act article 3 amendment to the Stock Exchange Act 1989 article 4 change of E-money law 2010 article 5 amendment of the payment Services Act article 6 amendment of the investment funds act 2011 article 7 change of the real estate investment Fund Act article 8 amendment of the securities supervision Act 2007 article 9 amendment of the capital market Act article 10 modification of the rating agency enforcement Act article 11 change of central counterparties Enforcement Act article 12 amendment of the Pension Fund Act article 13 amendment of the insurance supervision Act article 14 amending the Hallmarking Act 2000 article 15 change of the fees Act 1957 article 16 amendment to the Gambling Act article 17 change the federal tax code article 18 change of financial criminal law article 19 amendment of EU financial Enforcement Act article 20 amendment of the Federal Finance Court Act article 21 amendment of the Bundespensionsamtübertragungs Act article 22 amendment of the broadcasting fees Act article 1

Amendment of the financial market Authority Act

The financial market Authority Act - FMABG, Federal Law Gazette I no. 97/2001, as last amended by Federal Law Gazette I no. 21/2013, is amended as follows:

1. paragraph 22, section 2:

"(2) complaints against decisions of the FMA and template requests, except in administrative penal cases, no suspensive effect. On request, the suspensive effect by the Federal Administrative Court is the appeal after consulting the FMA decision to grant, to the extent that there are compelling public interests and after consideration of all affected interests with the implementation of the complainant, a disproportionate disadvantage would be connected. Is awarded to the suspensive effect, is the implementation of the contested decision to postpone and are the previous necessary dispositions to meet. If the conditions that were decisive for the decision on the suspensive effect, have significantly changed, is to decide on the request of a party."

2. According to article 22, paragraph 2, the following paragraph 2a is inserted:

"(2a) on appeals against decisions of the FMA decides the Federal Senate, except in administrative penal cases when decisions involving a primary term of imprisonment or fines exceeding a 600 euro was imposed." Is about a complaint, except in administrative penal cases, the deadline to see within the in the first instance to decide, at the latest after six months; the period begins with receipt of the complaint to the Federal Administrative Court."

3. section 23 together with the header is omitted.

4. § 28 is added the following paragraph 22:

"(22) section 22 par. 2 and 2a in the version of Federal Law Gazette I no. 70/2013 effective with January 1, 2014. section 23 together with the heading appears at the end of 31 December 2013 override."

Article 2

Amendment of the Banking Act

The Bankwesengesetz - BWG, BGBl. No. 532/1993, amended by Federal Law Gazette I no. 119/2012, is amended as follows:

1 § 41 para 3 last sentence reads:

"The understanding of the customers has the note to contain, that he or an otherwise-affected is entitled to raise a complaint for violation of his rights to the Federal Administrative Court."

2 in § 99 b is the phrase "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

2. section 107 77 the following paragraph is added:

"(77) § 41 para. 3 and art. 99B as amended by Federal Law Gazette I no. 70/2013 with 1 January 2014 into force."

Article 3

Amendment to the Stock Exchange Act 1989

The Stock Exchange Act 1989 - Austrian Stock Exchange Act, Federal Law Gazette No. 555/1989, as last amended by Federal Law Gazette I no. 119/2012, is amended as follows:

1 § 25 para 7 third sentence reads:

"The understanding of the contracting partner has the note to contain, that he or an otherwise-affected is entitled to raise a complaint for violation of his rights to the Federal Administrative Court."

2. paragraph 5 deleted § 44.

3. paragraph 64 paragraph 2:

"(2) the appeal to the Federal Administrative Court may 1 against the refusal of admission, 2 against the revocation of the authorisation (paragraph 5)."

4. paragraph 3 is omitted § 64.

5. § 64a is eliminated.

6. in section 96a is the phrase "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

7 37 the following paragraph is added to § in 102:

"(37) I will take no. 70/2013 § 64 para 2, § 25 paragraph 7 and section 96a in the version of Federal Law Gazette 1 January 2014 effect. § 44 par. 5, article 64, paragraph 3, and § 64a occur at the end of 31 December 2013 override."

Article 4

Change of the E-money law 2010

The 2010 E-money Act, Federal Law Gazette I no. 107/2010, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 30, paragraph 2, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

The following paragraph 4 is added to § 2. 41:

"(4) section 30 para 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 5

Amendment of the payment services act

The payment Services Act Federal Law Gazette I no. 66/2009, last amended by Federal Law Gazette I no. 20/2013, is amended as follows:

1. in article 69, paragraph 2, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

10 the following paragraph is added to section 2. 79:

"(10) § 69 para 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 6

Change of the investment fund law 2011

The investment funds act 2011 - 2011 InvFG, Federal Law Gazette I no. 77/2011, last amended by Federal Law Gazette I no. 83/2012, is amended as follows:

1. paragraph 193 para 2:

"(2) in the case of administrative offences pursuant to sections 190 and 191 a limitation period of 18 months applies VStG instead of the limitation period of § 31 para 1."

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

"(6) § 193 para 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 7

Change of the real estate investment Fund Act

The real estate investment funds act – ImmoInvFG, Federal Law Gazette I no. 80/2003, as last amended by Federal Law Gazette I no. 83/2012, is amended as follows:

1. in article 38, paragraph 3, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

10 the following paragraph is added to § 2. 44:

"(10) section 38 paragraph 3 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 8

Amendment of the securities supervision Act 2007

The securities supervision Act 2007 - WAG 2007, Federal Law Gazette I no. 60/2007, amended by the Federal Act Federal Law Gazette I no. 119/2012, is amended as follows:

1. in article 96, paragraph 2, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

16 the following paragraph is added to § 2. 108:

"(16) Article 96 paragraph 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 9

Change of the capital market law

The capital market law – KMG, BGBl. No. 625/1991, as last amended by Federal Law Gazette I no. 83/2012, is amended as follows:

1. in section 17 d, the word order is "article 31 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

2. section 19 16 the following paragraph is added:

"(16) § 17 d in the version of Federal Law Gazette I 70/2013 is no. 1 January 2014 into force."

Article 10

Amendment of the rating agency enforcement Act

The rating agency enforcement Act - RAVG, Federal Law Gazette I no. 68/2010, last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 6, paragraph 2, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

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

"(2) section 6 para 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 11

Change of central counterparties Enforcement Act

The central counterparties full law ZGVG, Federal Law Gazette I no. 97/2012, is amended as follows:

1. in article 7, paragraph 2, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.


2. pursuant to section 11, the following article 12 together with the heading is attached:

"Entry into force

"§ 12 section 7 para 2 as amended by Federal Law Gazette I no. 70/2013 1 January 2014 into force."

Article 12

Amendment of the Pension Fund Act

The pension fund law - PKG, BGBl. No. 281/1990, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1. in Section 47a, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

37 the following paragraph is added to § 2. 51:

"(37) § 47a in the version of Federal Law Gazette I 70/2013 is no. 1 January 2014 into force."

Article 13

Amendment of the insurance supervision Act

The insurance supervision Act - VAG, BGBl. No. 569/1978, as last amended by Federal Law Gazette I no. 12/2013, is amended as follows:

1 § 98f para 3 last sentence reads:

"The understanding of the customers has the note to contain, that he or an otherwise-affected is entitled to raise a complaint for violation of his rights to the Federal Administrative Court."

2. in paragraph 111, the phrase is "§ 31 para 2 VStG six months" by the phrase "article 31, paragraph 1 VStG" replaced.

3. § 119i 34 the following paragraph is added:

"I no. 70/2013 para 3 and § 111 in the version of Federal Law Gazette (34) § 98f with 1 January 2014 into force."

Article 14

Amending the Hallmarking Act of 2000

The Hallmarking Act 2000, Federal Law Gazette I no. 24/2001, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 21 paragraph 1:

"(1) the monitoring of compliance with the provisions of this Federal Act is subject to sections 20 and 27 paragraph 2 the Customs Office in Vienna." The appeal to the Federal Administrative Court is admissible. "The Customs Office in Vienna has to use to carry out its tasks: 1 the Hallmarking supervisory bodies, 2. the precious metals control laboratories."

2. in article 27, paragraph 3, the phrase is "§ 31 para 2 VStG" by the phrase "article 31, paragraph 1 VStG" and the phrase "§ 31 para 3 VStG" by the phrase "§ 31 para 2 and 3 VStG" replaced.

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

"(5) I will take no. 70/2013 article 21, paragraph 1, and article 27 par. 3 in the version of Federal Law Gazette 1 January 2014 effect."

Article 15

Amendment of the fees Act 1957

The fees Act 1957, BGBl. No. 267, as last amended by Federal Law Gazette I no. 28/2013, is amended as follows:

1 § 14 tariff post 6 paragraph 5 is amended as follows:

(a) No. 1 is: "(1. Eingaben an die Gerichte nach Maßgabe der folgenden Bestimmungen: a) inputs in justice administration are only exempted from the entry fee, if a justice administration fee is intended for that purpose;"

(b) by the liberation of except are input to the administrative courts of the States, the Federal Administrative Court and the Federal Finance Court within the meaning of article 129 B-VG; Input including supplements to the Federal Administrative Court the Federal Government can set for flat fees, the time of arising fees debt and the way of payment of the flat-rate fees by regulation;"

b) No. 4 and 4a are: "4. submissions to administrative authorities, except to customs authorities in cases of Z 4a, and the administrative courts of the States, the Federal Administrative Court and the Federal Finance Court in tax matters;

"4a. petitions to customs authorities and the Federal Finance Court in matters of customs legislation or other input or output taxes;"

2. in article 14, par. 1 accounts for tariff post 10 the Nos. 4 and 6.

3. in section 37 32 the following paragraph is added:

"(32) § 14 tariff post 6 para 5 Z 1, 4, and 4a, each as amended by Federal Law Gazette I no. 70/2013, 1 January 2014 into force." "§ 14 tariff post 10 para 1 No. 4 and no. 6 in the version before I no. 70/2013 comes the Federal Act Federal Law Gazette 1 January 2014 override and is last time apply to all matters for which the fees debt incurred before January 1, 2014."

Article 16

Amendment to the Gambling Act

The gambling law, BGBl. No. 620/1989, amended by Federal Law Gazette I no. 112/2012, is amended as follows:

1. Article 50 is amended as follows:

a) paragraph 1 is as follows:

"(1) the district administrative authorities, in the territory of a municipality, for which the National Police Directorate at the same time is security authority of first instance, the National Police Directorate are responsible for criminal proceedings and plant closures under this Federal Act." Decisions taken by this complaint to an Administrative Court of the country can be brought."

(b) in paragraph 5, the word "Complaint" occurs in the place of the word "Appeal".

c) paragraph 7 is as follows:

"(7) the Federal Minister of finance is entitled to charge appeal to the administrative court against decisions of administrative courts of the countries. The administrative courts of the countries have copies gambling legal decisions immediately to provide the Federal Minister of finance."

2. paragraph 5 deleted § 52.

3. in article 54, paragraph 2, the word "Complaint" occurs in the place of the word "Appeal".

4. after section 56a, the following paragraph is inserted 56 b together with heading:

"Procedure before the Federal Administrative Court

Article 56 b. Appeal to the Federal Administrative Court may be brought against decisions of the Federal Minister of finance in matters of execution of this Federal Act. In procedures according to paragraphs 14, 21 and 22 the decision of the Federal Administrative Court by a Senate has to be done."

5. in section 59a para 6 is the phrase "in the first instance".

6 32 the following paragraph is added to section in 60:

"(32) Article 50, paragraph 1, 5 and 7, § 54 para 2, § 56 (b) and section 59a para 6, each as amended by Federal Law Gazette I no. 70/2013 with 1 January 2014 into force." Section 52 para. 5 occurs at the end of 30 June 2013 override."

Article 17

Change the federal tax code

The federal tax code, Federal Law Gazette No. 194/1961, as last amended by Federal Law Gazette I no. 14/2013, is amended as follows:

1. in paragraph 2a of the following sentence is added:

"§ Shall 54 VwGVG but apply analogously to the procedure of administrative courts of countries."

2. Article 188 paragraph 5 last sentence reads:

"Such a decision is only compared to the rest, where income be allocated or not allocated in the quote of the notification."

3. § 191 para 5 last sentence reads:

"Such a decision is only compared to the rest, where income be allocated or not allocated in the quote of the notification."

4. section 201 is amended as follows: a) in para 2 No. 3 accounts for the quote "Paragraph 1" and the phrase "officio".

(b) in paragraph 3, is no. 2.

5. paragraph 272 paragraph 5:

"(5) adjustments (section 293, 293a and § § 293b) and suspensions to indemnify position (section 289) the findings adopted by the single judge decisions responsibility and the judge, if, however, the Senate has decided the Senate."

6. in § 295 para 4 the word "Notification complaints" takes the place of the word "Appeal".

7. in paragraph 323, 40 the following paragraph shall beadded:

"(40) paragraphs 2a, 201 par. 2 and 3, 272 para of 5 and 295 paragraph 4, each as amended by the Federal Act, Federal Law Gazette I no. 70/2013, with 1 January 2014 into force."

Article 18

Change of financial criminal law

The financial criminal law, BGBl. No. 129/1958, as last amended by Federal Law Gazette I no. 33/2013, is amended as follows:

1. in article 67, paragraph 2, the phrase "for financial criminal law" is omitted.

2. § 70 para 1 last sentence reads:

"Against the assessment of the compensation the appeal to the Federal Administrative Court is allowed in accordance with the staff regulations."

3. section 71a para 2 last sentence deleted.

4. in article 73, the phrase "Institutions of the financial penalty authority" is replaced by the phrase 'Institutions of the financial penalty authority and of the Federal Finance Court'.

5 1u the following paragraph is added to section the 265:

"(1u) paragraphs 67 par. 2, 70 para 1, 71a para 1 and 73 respectively as amended by Federal Law Gazette I no. 70/2013 with 1 January 2014 into force."

Article 19

Amendment of the EU financial Enforcement Act

The Federal law on the implementation of 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 Act EU-FinStrVG), Federal Law Gazette I no. 19/2009, last amended by Federal Law Gazette I no. 76/2011, is amended as follows:

1. in the section 3 para 3, 4 para of 1, 13 para 1 is each eliminated the phrase "first instance".

2. According to article 18, the following article 19 together with heading shall be inserted:

"Entry into force

§ 19. "The articles 3 paragraph 3, 4 para of 1 and 13 para 1 each as amended by Federal Law Gazette I no. 70/2013 with 1 January 2014 into force."

Article 20

Amendment of the Federal Finance Court Act

The Federal Finance Court Act, Federal Law Gazette I no. 14/2013, is amended as follows:

1 the following paragraph 5 is added to § the 5:


"(5) the President, the President and the Vice President or Vice President are appointed by the President or by the Federal President on a proposal from the Federal Government. Before the proposal reimbursement by the Federal Government are applicants by a Committee consisting of a representative or a representative of the Minister or the Federal Ministry of finance, two representatives or representatives of science with academic teaching certificate of a law subject at a University as well as the Presidents or Presidents of the Constitutional Court, the Administrative Court and Supreme Court Chief Justice or one of each of these responsible for person , to invite to a hearing. The Commission has recommended at least three applicants or applicants to the reimbursement of the proposal of the Federal Government."

2. in article 12, paragraph 5 the phrase "the judge" takes the place of the phrase "the judge" and in place of the word "Appeal Tribunal" the word "Senate".

3. Article 13 is amended as follows:

(a) in paragraph 3 Z 1 takes place of the word judge "is the word judge" and the punctuation."by the punctuation"; This replaced.

b) para 3 Z 3 is: "3. the establishment of Chambers (section 11) and their business areas, as well as in the individual Chambers combined Einzelrichterinnen and judge and Senate (§ 12);"

(c) in paragraph 10 the reference "Paragraph 9" takes the place of the reference to "8".

4. § 28 the following paragraph 5 is added:

"(5) the articles 4 to 6 and 8 to 10 of the Verwaltungsgerichtsbarkeits transition Act, Federal Law Gazette I no. 33/2013, shall apply mutatis mutandis to those matters which fall within the competence of the Federal Finance Court. Are revisions regardless of § 4 paragraph 5, first sentence, of the Verwaltungsgerichtsbarkeits transitional law with the Federal Finance Court brought in a timely manner, they brought a apply to the Administrative Court in due time; they are by the Federal Finance Court to pass on immediately to the administrative court."

Article 21

Amendment of Bundespensionsamtübertragungs law

The Federal law on the transfer of the tasks of the Federal Pension Office to the insurance institution public servant (Bundespensionsamtübertragungs law - BPAÜG), Federal Law Gazette I no. 89/2006, last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. paragraph 3:

„§ 3. Against decisions of the insurance institution in matters pursuant to section 1 para 1 No. 1 the Party shall be entitled to appeal to the Federal Administrative Court. The Federal Minister of finance is the upcoming objectively considering higher authority."

2. § 15 the following paragraph 4 is added:

"(4) § 3 in the version of Federal Law Gazette I 70/2013 is no. 1 January 2014 into force."

Article 22

Amendment of the broadcasting fees Act

The Federal Act relating to the collection of licence fees (Act on licence fees - RGG), Federal Law Gazette I no. 159/1999, as amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 5, paragraph 4, the 1st movement is eliminated.

2. in section 5 subsection 4, 2nd movement, the word is "more".

3. Article 6, paragraph 1, 1st sentence, reads:

"The performance of official duties is the company; according to § 4 section 1 against decisions adopted by the company is allowed. appeal to the Federal Administrative Court"

The following paragraph 7 is added to § 4. 9:

"(7) I will take no. 70/2013, § 5 para 4 and § 6 ABS. 1, each as amended by Federal Law Gazette 1 January 2014 effect."

Fischer

Faymann