Change Of Konsulargebührengesetzes 1992, 2010 Sanction Act, The Foreign Exchange Act Of 2004 And The National Bank Act 1984

Original Language Title: Änderung des Konsulargebührengesetzes 1992, des Sanktionengesetzes 2010, des Devisengesetzes 2004 und des Nationalbankgesetzes 1984

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64. Federal Law, which amended the law on consular charges in 1992, the Sanctions Act 2010, the Foreign Exchange Act 2004 and the National Bank Act 1984

The National Council has decided:

Article 1

Amendment of the consular fee law 1992

The Consular Fee Law 1992-KGG 1992, BGBl. N ° 100/1992, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 15 (1) reads:

" (1) In the case of the collection of consular fees, the representative authorities shall have the powers of a tax authority in accordance with the laws of the tax procedure. The Federal Administrative Court decides on complaints against the defamation of the representative authorities. "

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

"(4) For proceedings before the Federal Administrative Court in VisaanAffairs, no fees shall be charged according to the Fees Act."

In the Appendix to § 1, the following subsection 4 is added to subheading 7:

" (4) Application of a complaint against the defamation of representative authorities in visa matters. .....................................110 Euro.

(3) The following paragraph 17 is added to § 17:

" (17) § 15 (1) and (4) and subsection (4) and subsection (4) in the annex to § 1 in the version of the Federal Law BGBl. I n ° 64/2013 will be 1. Jänner 2014 in force. In the annex to § 1, in the version of the Federal Law BGBl, the German Federal Law Gazette (BGBl). I No 64/2013, shall apply to all operations for which a levy or levy is applied. Replacement claim after this date has been created. "

4. In § 18 Z 1, the word order shall be "as well as section 6 (2)" through the phrase " , Section 6 (2) and Section 15 (4) " replaced.

Article 2

Amendment of the Sanctions Act 2010

The Sanctions Act 2010-SanktG, BGBl. No 36/2010, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 50/2012, shall be amended as follows:

1. In § 10, para. 1 is deleted and the previous paragraphs 2 and 3 are given the sales designation "(1)" and "(2)" .

(2) The following paragraphs 3 and 4 are added to § 10:

" (3) Complaints against the Oesterreichische Nationalbank (Oesterreichische Nationalbank), which have been issued in accordance with this Federal Act, as well as applications for applications, do not have suspensive effect. Upon request, the appeal shall be granted by the Federal Administrative Court after hearing the Oesterreichische Nationalbank (Federal Administrative Court) with a decision, in so far as the non-compelling public interest is contrary to the law and after consideration of all the interests in contact with the performance of the complainant would be disproportionate to the detriment. 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.

(4) The Federal Administrative Court shall decide by Senate in proceedings concerning complaints against the Oesterreichische Nationalbank (Oesterreichische Nationalbank), which have been issued in the course of this Federal Act. "

3. In Section 15 (2), the word order shall be "six months in accordance with § 31 (2)" through the phrase "one year in accordance with § 31 (1)" replaced.

4. The following paragraph 4 is added to § 20:

" (4) § 10 and § 15 (2) in the version of the Federal Law BGBl. I n ° 64/2013 will be 1. Jänner 2014 in force. "

Article 3

Amendment of the Foreign Exchange Act 2004

The Foreign Exchange Act 2004, BGBl. I n ° 123/2003, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In Section 11 (2), the word order shall be " of six months in accordance with § 31 (2) of the Administrative Criminal Law 1991, BGBl. No. 52, " through the phrase " from one year in accordance with § 31 (1) of the Administrative Criminal Law 1991-VStG, BGBl. No 52/1991, ' replaced.

Section 15 (1) reads as follows:

" (1) A complaint to the Federal Administrative Court shall be admissible against the proceedings of the Oesterreichische Nationalbank, which have been issued in full by this Federal Act or by a regulation adopted pursuant to this Federal Act. The administrative procedure to be carried out by the National Bank of Oesterreichische Nationalbank (Oesterreichische Nationalbank) is subject to the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, application. '

3. In 15, the following paragraph 1 is inserted after paragraph 1:

" (1a) complaints against the proceedings of the Oesterreichische Nationalbank, which have been issued in accordance with this Federal Act or a regulation adopted pursuant to this Federal Act, as well as applications for applications, do not have suspensive effect. Upon request, the appeal shall be granted by the Federal Administrative Court after hearing the Oesterreichische Nationalbank (Federal Administrative Court) with a decision, in so far as the non-compelling public interest is contrary to the law and after consideration of all the interests in contact with the performance of the complainant would be disproportionate to the detriment. 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. "

4. The following paragraph 5 is added to § 19:

" (5) § 11 para. 2 and § 15 para. 1 and 1a in the version of the Federal Law BGBl. I n ° 64/2013 will be 1. Jänner 2014 in force. "

Article 4

Amendment of the National Bank Act 1984

The National Bank Act 1984, BGBl. No. 50/1984, as last amended by the Federal Law BGBl. I No 50/2011, shall be amended as follows:

1. § 7 (1) reads:

" (1) Insofar as nothing else arises from directly applicable EU law provisions, the official procedure of the Oesterreichische Nationalbank in the affairs of the money, credit and banking system shall be subject to the general Administrative Procedure Law 1991-AVG, BGBl. No 51/1991, application; against the defamation of the Oesterreichische Nationalbank, a complaint to the Federal Administrative Court is admissible. "

2. In § 7, the following paragraph 1 is added in accordance with paragraph 1:

" (1a) complaints against the proceedings of the Oesterreichische Nationalbank, which have been issued in accordance with this Federal Act or a regulation adopted pursuant to this Federal Act, as well as applications for applications, do not have suspensive effect. Upon request, the appeal shall be granted by the Federal Administrative Court after hearing the Oesterreichische Nationalbank (Federal Administrative Court) with a decision, in so far as the non-compelling public interest is contrary to the law and after consideration of all the interests in contact with the performance of the complainant would be disproportionate to the detriment. 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. "

(3) The following paragraph 8 is added to Article 89:

" (8) § 7 (1) and (1a) in the version of the Federal Law BGBl. I n ° 64/2013 will be 1. Jänner 2014 in force. "

Fischer

Faymann