Civil Status Law 2013 - 2013 Pstg, Amendment Of The Citizenship Act Of 1985, The Registration Act Of 1991 And The Change Of Name Act And Repeal Of The Civil Status Act

Original Language Title: Personenstandsgesetz 2013 – PStG 2013, Änderung des Staatsbürgerschaftsgesetzes 1985, des Meldegesetzes 1991 und des Namensänderungsgesetzes sowie Aufhebung des Personenstandsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_16/BGBLA_2013_I_16.html

16 federal law, with the Federal law on the control of the civil status system (civil status act 2013 - PStG 2013) adopted as well as the 1985 Citizenship Act, the Registration Act of 1991 and the change of name Act will be changed and the civil status act is repealed

The National Council has decided:

Table of contents



Article 1



Civil status law 2013



Article 2



Amendment of the Citizenship Act of 1985



Article 3



Amendment of the Registration Act of 1991



Article 4



Change of the change of name Act article 1 Federal law on the control of the civil status system (civil status act 2013 - PStG 2013)



1. MAIN PIECE OF GENERAL PART



1st section General information



§ 1.



Civil status and Personenstandsfall



§ 2.



Civil status data



2. section civil authority and functions of the authority



§ 3.



Authorities and duties of the authorities



§ 4.



Instance



§ 5.



Registry associations



§ 6.



Resolution and transformation



3 article cooperation duties of courts and other authorities



§ 7.



Dishes



§ 8.



Other reporting obligations



2. MAIN PIECE PERSONENSTANDSFALL



1. section birth



§ 9.



Display birth



§ 10.



Registration of birth



§ 11.



Content of registration - birth



§ 12.



Registration by the civil authority



§ 13.



Before naming



2. cut off marriage



§ 14.



Determination of the capacity



§ 15.



Explanations and evidence - marriage



§ 16.



Hearing - marriage



§ 17.



No impediment



§ 18.



Wedding



§ 19.



Territorial jurisdiction - marriage



§ 20.



Content of registration - marriage



3. section registered partnership



§ 21.



Discovery of the ability to establish a registered partnership



section 22.



Explanations and evidence - registered partnership



section 23.



Hearing - registered partnership



§ 24.



Confirmation of the ability to establish a registered partnership



§ 25.



Justification of the registered partnership



section 26.



Territorial jurisdiction - registered partnership



§ 27.



Content of registration - registered partnership



4. cut off death and death declarations



section 28.



Display of death



section 29.



Registration of death



section 30.



Content of registration - death



§ 31.



Cancellation by the civil authority



§ 32.



Content of registration with stillbirths



§ 33.



Declaration of death



5. section



§ 34.



Persons of unknown origin



3. PIECE OF THE MAIN ENTRY OF THE CASE OF THE CIVIL STATUS AND CIVIL STATUS REGISTER



1 section entry of the civil case



section 35.



Compulsory registration



section 36.



Basis of the registration



section 37.



For more information



section 38.



Name



§ 39.



Procedure notes



section 40.



Completion of the registration



section 41.



Amending and supplementing



§ 42.



Correction



2. section civil status register



§ 43.



General information



§ 44.



Central civil status register (ZPR)



§ 45.



Local civil status registry (LPR)



4. MAIN PIECE USING THE CIVIL STATUS DATA, CIVIL STATUS DOCUMENTS AND CONFIRMATIONS



1. section using the data of the ZPR



§ 46.



General information



§ 47.



ZPR query



section 48.



To the provision in the way of the ZPR



paragraph 49.



Submissions to courts



§ 50.



Engineering change management



§ 51.



Statistical surveys



2. cut off information, civil status documents, and be information requirements



§ 52.



Information



section 53.



Civil status certificate



§ 54.



Birth certificate



Article 55.



Marriage certificate



Article 56.



Partnership deed



§ 57.



Certificates on deaths



section 58.



Other excerpts



5. MAIN PIECE STORAGE AFTER COLLECTION, ALTMATRIKEN, OTHER PROVISIONS



1 section



section 59.



Storage of files



2. section for recording and storage of books



section 60.



Keeping the books



section 61.



Construction of the ZPR



3. section Altmatriken



§ 62.



Retention and continuation



section 63.



Issuance of certificates



4 section other provisions



section 64.



Legal advice of the Governor



section 65.



Recognition of foreign decisions



§ 66.



Name setting



section 67.



Power to the certification and accreditation



section 68.



Acceptance and registration of declarations



section 69.



Authenticity of signatures



Article 70.



Language and script



6 MAIN PIECE OF CRIMINAL, TRANSITIONAL AND FINAL PROVISIONS



1 section



§ 71.



Penal provisions



2 section transitional and final provisions



section 72.



Entry into force - and transitional provision



Article 73.



Communication obligations of the courts



section 74.



Name use



§ 75.



Again adopting the gender name



section 76.



Reporting obligations and intergovernmental agreements



§ 77.



Linguistic equal treatment



§ 78.



References



section 79.



Enforcement 1 main piece

GENERAL SECTION

1 section

General information

Civil status and Personenstandsfall

1. (1) civil status within the meaning of this Federal Act is the resulting from the characteristics of the family legal status of a person within the legal system, including their name.

(2) civil cases are birth, marriage, a registered partnership and death.

Civil status data

A person's civil status data are section 2 (1): 1. General civil status data (data for the core of the person);

2. Special civil status data, as well as 3 other civil status data.

(2) General civil status data are: 1. name;

2. date and place of birth;

3. gender;

4. marital status (single, married, living in a registered partnership, divorced, marriage lifted before dissolved registered partnership, registered partnership to be declared invalid, widowed, surviving partner declared null and void,);

5. degrees and State designations;

6 date and place of death;

7 sector-specific personal identifier (bPK-ZP in accordance with §§ 9 ff of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004);

8 nationality.

(3) special civil status data to the birth are: 1. General civil status data of the parents;

2. date and place of the marriage of the parents.

(4) special civil status data to the marriage are: 1. date and place of the marriage;

2. reason and date of dissolution and annulment of marriage;

3. General civil status data of the spouse.

(5) special civil status data in support of a registered partnership are: 1. date and place of the grounds of the registered partnership;

2. reason and date of resolution and Declaration of invalidity of a registered partnership;

3. General civil status data of the registered partner.

(6) other civil status data is all the information needed for a proper execution by a civil authority.

2. section

Civil status authority and functions of the authority

Authorities and duties of the authorities

The civil status matters regulated in this federal law including the marriages are § 3 (1), as far as this federal law not otherwise determined by the communities in the borne area of effect.


(2) under "Civil authority", the civil authority of first instance see "Registrar" is the organ of the municipality or the Municipal Association (§ 5 para 1) to understand that concerned the tasks referred to in paragraph 1, or of the officials (para. 3) to drawn up by the body.

(3) the organ of the municipality (the Municipal Association) has performance of tasks according to para 1 of a staff to operate that has necessary expertise for the performance of these tasks and who has taken necessary service inspections according to state regulations, when it is not even knowledgeable and tested.

(4) as regards the procedure to establish a registered partnership, the registration and the issue of the partnership deed, the district administrative authority than civil authority of first instance is active.

(5) the district administrative authority has the performance of the tasks according to par. 4 of an officer of the district administrative authority, which owns the expertise necessary for the performance of these tasks, to use.

Instance

§ 4. Against decisions of the Governor as the first instance adopts, an ordinary appeal is not to.

Registry associations

5. (1) communities can be United to the performance of the tasks entrusted to them under section 3 by regulation of the Governor to a Community Association (Association of the registry office), if this is guaranteed a better conduct of Board business. Prior to the enactment of the regulation, the participating municipalities to listen to.

(2) the regulation has in any case to determine: 1 the Association affiliated municipalities;

2. the designation of the registry association having regard to his seat;

3. the seat of the civil registry Association.

(3) are communities that are not same Borough, United to a civil registry Association, is in the regulation to determine the tasks incumbent on which district administrative authority under this Federal Act.

(4) as the day of the entry into force of the regulation, the beginning of a calendar year is set.

(5) a registry Association referred to in paragraph 1 and a citizenship association according to § 47 para 1 and 3 of the Citizenship Act of 1985 - StbG, BGBl. No. 311, can be carried within the framework of affiliated Manor and citizenship Association. This leads the designation Standesamts-and citizenship association having regard to his seat.

Resolution and transformation

§ 6. The Governor may by regulation the resolution of a civil registry Association or the recording (the withdrawal), a municipality in a (from a) arrange registry Association, if this is guaranteed a better conduct of Board business. This Ordinance shall take on the principles of economy, efficiency and expediency.

3. section

Duty to cooperate by courts and other authorities

Dishes

7. (1) courts have to submit in accordance with the technical possibilities in the form of electronic weiterverarbeitbarer to the civil authority at the seat of the Court: 1. the identification and recognition of paternity to a child;

2. the determination of the ineffectiveness of an acknowledgement of paternity or a decision pursuant to no. 1;

3. the identification or recognition of motherhood to a child;

4. the establishment of not-paternity of the husband of the mother;

5. the adoption of a child instead, its revocation and suspension, the recognition of foreign decisions on the adoption of a child;

6. the Declaration of death and the evidence of the death of a child, whose rectification and abolition;

7. the recognition of a foreign decision, by which a marriage divorced, repealed, annulled or determining the existence or non-existence of a marriage is, or through a registered partnership has been dissolved or annulled;

8. a decision by which a marriage has been divorced, repealed, annulled or determining the existence or non-existence of a marriage;

9 is been a decision set aside by a registered partnership or annulled or the existence or non-existence of a registered partnership established.

(2) child custody decisions shall be in accordance with the technical possibilities in electronic form to the civil authority of the place of registration of the birth.

(3) in accordance with the technical possibilities can courts of their obligation according to § 92 of the regulation of the Federal Ministry of Justice from May 9, 1951, which the rules of procedure for the courts of I. and II. instance (GEO.) partially modified and newly announced, BGBl. No. 264/1951, information on the Federal Agency to submit statistics Austria, meet in the ways of the central civil status register (ZPR). Data will be announced only to the onward transfers in encrypted form.

Other reporting obligations

Administrative authorities and courts have section 8 (1) operations that require a registration under this federal law, to inform the civil status authorities after its seat in accordance with the technical possibilities in electronic weiterverarbeitbarer form in the way of the long-distance traffic.

(2) administrative authorities and courts have doubts about the authenticity of a civil status certificate or a registration of the civil status authorities to be communicated in accordance with the technical possibilities in the form of electronic weiterverarbeitbarer.

2. MAIN PIECE

PERSONENSTANDSFALL

1 section

Birth

Display birth

§ 9 (1) has the display of birth be carried out no later than one week after the birth in long-distance traffic by delivery to a service designated by the operator of the ZPR (memory). The technical prerequisites are not available, is to set the display to the civil authority of the place of birth.

(2) the display of the birth is in turn: 1. the head of the Hospital where the child; was born

2. the doctor or midwife, who were present at the birth;

3. the father or the mother, if they are able to do this within the notification period (para. 1);

4. the authority or security agency, the investigation about the birth performs;

5. other persons who have knowledge of the birth on the basis of their own perception.

(3) the display has contain all information needed for registration (section 11).

(4) in accordance with the technical possibilities can display in the ways of the long-distance traffic using the citizen card function (§§ 4 ff E-GovG) be performed. The detailed design of technical operations for making the display using the citizen card functionality and the time at, this display can be made, are set by regulation of the Federal Minister of the Interior.

(5) in accordance with the technical possibilities data posted pursuant to section 8, paragraph 1, of the midwifery Act - HebG, Federal Law Gazette No. 310/1994, of the civil status authority exclusively to the onward transfer, can be transmitted Statistics Austria Federal Institute in the ways of the ZPR in encrypted form. The head of hospitals in accordance with paragraph 2 No. 1 have to transmit this data in this way of the Federal agency if there are the technical prerequisites for this.

(6) the technical prerequisites are not available and are not in the form of electronically processed, announced also the indication referred to in paragraph 1 in paper form must be sent.

Registration of birth

10. (1) the enlistment civil authority of the place of birth.

(2) the place of birth of a found person can not be determined, the place of discovery is regarded as place of birth.

(3) the place of birth of a person born in a means of transport can not be determined, the place at which the person from the means of transport is brought is considered place of birth.

Content of registration - birth

§ 11 (1) of the General and special civil status data of the child, must be: 1. the date of birth of the child;

2. the places of residence of the parents and, if necessary, according to § 37 para 2 second sentence;

3. information, which are also relevant to the previous naming as well as 4 General civil status data in accordance with article 67, paragraph 1 Z 1 explanatory or the name of the youth welfare institution according to section 147, paragraph 4, of the General Civil Code - ABGB, JGS No. 946/1811.

(2) in addition, changes in the status or the nationality of the child are and, if the name of the child changes, changes the name of a parent is to represent.

(3) based on the change registration, the legal effects of the process must on the civil status and, if necessary, the day of the entry of the effects emerge.

(4) where also the religion is announced, the civil status authorities have to process it in accordance with paragraph 1.

(5) where a custody decision is communicated by a court (§ 7 para. 2) or a declaration of custody is documented by the civil authority (article 67 par. 5), the civil status authorities to handle this in accordance with paragraph 1.

Registration by the civil authority


§ 12. Instead a declaration in accordance with § 3 (1) of the Registration Act 1991 - MeldeG, Federal Law Gazette 9/1992, can no. on the occasion of the registration of a birth in accordance with § 10 under connecting a properly completed request the child in the way of civil authority and already be signed up before Unterkunftnahme. The civil authority has in this case for the reporting authority for the residence the data the Federal Minister of the Interior in the way of a change access to the central population register (CRR - section 16 MeldeG) to leave. § 3 para 4 and 4a § MeldeG shall apply mutatis mutandis, with official stamp and signature of the Registrar shall be replaced of the arrival alarm note.

Before naming

13. (1) before of the registration of the names of the child have to explain which given name they gave the child the persons authorized in writing. The first names of the parents have agreed to give the Declaration of a parent is sufficient if it is assured that the other parent so agrees.

(2) in the case of children of the persons mentioned in § 35 par. 2, at least the first name may not contradict the gender of the child; Names, not as a given name in use or the best interests of the child are detrimental, may not be registered.

(3) the statements of several persons entitled to before naming mismatch or 40 days off no explanation, was sent to the time of birth at the civil authority that carries out the registration, the civil status authorities before the registration of the names has to notify the guardianship court. The same applies if given no first name or such contrary not can be entered according to the civil status authority as paragraph 2.

2. section

Marriage identifying marriage capacity § 14. The civil authority has to assess the marriage fiancée on the basis of the submitted documents at a hearing, before the marriage This is a transcript record.

Explanations and evidence - before section 15 (1) have the fiancé to make statements about the capacity and possibly existing premarital children. Certificates and other documents are also to present, which are needed for the assessment of the capacity and for entries.

(2) by the submission of documents may be waived, if the betrothed are credible, that they the deeds not or can acquire only with considerable difficulty, and the capacity and the details necessary for entries in other ways can be determined.

Hearing - before section 16 (1) at the hearing must both fiancé to be present.

(2) can be the appearance to the hearing not expected of a fiance and determines the capacity of fiance in his absence, the hearing is without him.

(3) meet the requirements of paragraph 2 on both fiancee, has to account for the hearing.

(4) in the cases of paragraph 2 and 3, the relevant fiance has for the determination of capacity and for entries in writing to submit the required declarations about the capacity and possibly existing premarital children.

No impediment § 17 (1) the civil authority has to exhibit an impediment to a person specified in § 35 par. 2 on request. Previously, the capacity of the applicant in the same way as for entering into the marriage in the country is to determine.

(2) in the marriage certificate is to certify that the fiance therein to avoid marriage.

(3) the marriage certificate is calculated for six months from the date of issue.

(4) there will be a process of marriage to any wedding six months after finding the capacity, the procedure is without setting another. The same applies if a fiance applied for a marriage with another partner or a partnership touts the justification of a registered partnership with one other person.

Wedding

Section 18 (1) has the civil authority to perform the wedding ceremony in a form and a place which correspond to the meaning of marriage.

(2) the Registrar has to ask whether they want to enter the marriage with each other and after affirmation of question to pronounce that they lawfully connected married couples are the betrothed in the presence of two witnesses individually and sequentially.

(3) the wedding ceremony can be made without or with only a witness if both fiancée explain this.

(4) on the Declaration of a transcript is in the presence of the fiance and possibly the witness (the witness) to record, which is to sign a possibly drawn to interpreters and the Registrar of the spouses, if the witness (the witness).

(5) in the transcript are included: 1. surnames and first names of the fiance, their residence, the day and the place of their birth.

2. the Declaration of marital consent;

3. the day and place of the marriage;

4. family or surname and given name of the witness (the witness) and interpreters, if invited to attend.

Territorial jurisdiction - marriage

Section 19 (1) both the determination of capacity and the marriage can be made in any civil authority in the Federal territory.

(2) be different civil status authorities involved in determining the ability of the marriage and the marriage, the civil authority, before the marriage is closed again to check the marriage of the fiancee only when justifiable doubts has.

Content of registration - marriage

Section 20 (1) beyond the General and special civil status data, have to be: 1. the places of residence of the fiancé.

2. the Declaration of marital consent;

3. the family or surnames and first names of the witnesses, if invited to attend;

4. explanations of the fiancée about conducting your own name and the name of the children from the marriage, and other name-legal findings;

5. General civil status data of parents of the marriage closed ends;

6. the last previous as well as first subsequent marriages and registered partnerships as well as 7 sections 1 and 3 of the Marriage Act, dRGBl. I S 807/1938.

(2) also a registration is to make with the registration of the marriage according to § 20 para 2.

(3) Additionally, to represent changes in civil status or nationality, as well as changes of the family or a fiance's last name. After the registration of the dissolution or nullity of marriage are changes only through name-legal operations in connection with the marriage, to register the dissolution or annulment.

(4) based on the change registration, the legal effects of the process must on the civil status and, if necessary, the day of the entry of the effects emerge.

(5) as far as the fiancée announce a religious commitment, the civil status authorities to handle this in accordance with paragraph 1.

3. section

Registered partnership determine of the ability to establish a registered partnership section 21. The civil authority has the ability of partnership of advertisers, to justify, to determine, on the basis of the submitted documents at a hearing before establishing a registered partnership This is a transcript record.

Registered partnership § 22 (1) which have partnership touts the statements about the ability of a registered partnership establish explanations and evidence - to, to give and to present the certificates and other documents that are required for the assessment of the ability to establish a registered partnership and for entries.

(2) by the submission of documents may be waived, if the partnership touts make believable, that it the deeds not or can acquire only with considerable difficulty, and the ability to establish a registered partnership and the details necessary for entries in other ways can be determined.

Hearing - registered partnership section 23 (1) at the hearing both partnership touts must be present.

(2) can be not expected a partnership touts the appearance to the hearing and the ability of the partnership of advertisers, to establish a registered partnership, determined in his absence, the hearing is without him.

(3) meet the requirements of paragraph 2 on both partnership recruiter, has to account for the hearing.

(4) in the cases of paragraph 2 and 3, the relevant partnership recruiter has the for the discovery of the ability to establish a registered partnership and to make necessary statements for entries in writing.

Confirmation of the ability to establish a registered partnership section 24 (1) the district administrative authority has a person specified in § 35 par. 2 request confirmation of the ability to explain, to issue a registered partnership. First is the ability of the applicant to justify, to determine in the same manner as for the ground of a registered partnership in the country a registered partnership.


(2) in the confirmation of the ability to establish a registered partnership is to certify that the partnership touts therein to justify the registered partnership.

(3) that the ability to establish a registered partnership, confirmation is valid for six months, starting from the date of issue.

Is to sign the registered partnership § 25 (1) officials of the district administrative authority having to record in the presence of both partnership recruiter in the administrative offices of the district administrative authority a record of the rationale of the registered partnership by the partnership of advertisers, a possibly drawn to interpreters and the officials. Thus, the registered partnership is regarded as justified.

(2) in the transcript are included: 1. surnames and first names of the partnership touts, their residence, the day and the place of their birth.

2. the consent of the two partnership touts support of registered partnership;

3. the day and the place of the grounds of the registered partnership;

4. family or surname and given name of the interpreter, if invited to attend.



Territorial jurisdiction - registered partnership § 26 (1) the determination of the ability to be able to establish a registered partnership as well as the justification of the registered partnership can be made at each district administration authority in the Federal territory.

(2) various district administrations involved in determining the ability to be able to establish a registered partnership and the grounds of the registered partnership, so the district administrative authority prior to the registered partnership is established, has the ability to establish a registered partnership, again only when justifiable doubts check.

Content of registration - section 27 (1) beyond the General and special civil status data, have registered partnership to be: 1. the residences of the partnership of advertisers;

2. the General civil status data of the parents of partnership of advertisers;

3. the last previous as well as first subsequent marriages and registered partnerships, as well as 4. information pursuant to § 4 paragraph 2 and 3 of the registered partnership Act - EPG, BGBl. No. 135/2009.

(2) Additionally, to represent changes in civil status or nationality, as well as changes of the family or a partnership referrer's last name. After the registration of the dissolution or annulment of the registered partnership, changes only in connection with legal name operations are Z 7a of the change of name Act - nails and body, to enter Federal Law Gazette No. 195/1988, according to § 2 para 1.

(3) based on the change registration, the legal effects of the process must on the civil status and, if necessary, the day of the entry of the effects emerge.

(4) where the partnership touts announce a religious commitment, the civil status authorities have to process it in accordance with paragraph 1.

4 section

Death and death declarations

Display of death

Section 28 (1) has to be made at the latest on the following on the death day in long-distance traffic by submitting a service designated by the operator of the ZPR (memory) display of death. The technical prerequisites are not available, is to set the display to the civil authority at the place of death.

(2) the display of death is in order: 1 the head of the Hospital where the person; died

2. the doctor, who has made the dead inspection;

3. the authority or the security services, carrying out investigations into the death;

4. the spouse or other family members or the registered partner;

5. the last accommodation;

6 other persons who have knowledge of the death due to their own perceptions.

(3) the display has possible to contain all the information needed for registration.

(4) in accordance with the technical possibilities can display in the ways of the long-distance traffic using the citizen card function (§§ 4 ff E-GovG) be performed. The detailed design of technical operations for making the display using the citizen card functionality and the time at, this display can be made, are set by regulation of the Federal Minister of the Interior.

(5) in accordance with the technical possibilities data on cause of death, carrying out of a post mortem, as well as information on maternal mortality, which will be announced only to the onward transfer, can be submitted Statistics Austria the Federal Agency by way of the ZPR in encrypted form. The head of hospitals in accordance with paragraph 2 No. 1 have to transmit this data in this way of the Federal agency if there are the technical prerequisites for this.

(6) the technical prerequisites are not available and are not in the form of electronically processed, announced also the indication referred to in paragraph 1 in paper form must be sent.

Registration of death

Section 29 (1) the registration of the death, including the stillbirth occurs when that civil status authority in which the registration is requested first. No registration was requested within 14 days after the date of death, the civil authority of the place of death is responsible.

(2) the place of death of a person found can not be determined, the place of discovery is considered death.

(3) the place of death of a person who died in a transport can not be determined, the place at which the person from the means of transport is brought is death.

Content of registration - death

section 30. Beyond the General civil status data, have to be: 1 the last place of residence;

2. the date and place of death;

3. If necessary, according to § 37 para 2 second sentence;

4. the last marriage and the General civil status data of the spouse, if the deceased at the time of death was married;

5. the last established registered partnership and the General civil status data of for registered partners, if the deceased at the time of the death in a registered partnership lived;

6. when declarations of death the Court as well as the day and the file number of the decision, as well as 7 the religion, as far as this is posted.

Cancellation by the civil authority

Section 31 civil status authorities given a deceased person if it is not already registered to log off in connection with the advertisement or entry of death with the registration authority. In this case, the civil authority for the competent registration authority has to hand over the data the Federal Minister of the Interior in the way of a change access to the CRR.

Content of registration with stillbirths

32. (1) a child was stillborn, are beyond the General civil status data, to enter: 1. provided by the parents and given names;

2. the family or last name of parents;

3. the first names of the parents, and 4. the places of residence of the parents.

              (2) to enter is also the first name and family or last name of the man of who has acknowledged paternity for the child before birth or after the birth of the child desires the registration as the father when the mother of 14 days after that raises no objection, as well as the first and family or last name of the man of who desires registration as the father with the mother's consent.

Declaration of death

§ 33. The Court has to submit any decision on the evidence of death, or the death Declaration of civil status authority at the seat of the Court in accordance with the technical possibilities in the form of electronic weiterverarbeitbarer.

5. section

Persons of unknown origin

34. (1) to determine the civil status authorities the origin of a person who has their habitual residence in its operational area, it has communicated the probable age and the sex of the person, as well as the other results of their investigations to the Governor.

(2) the Governor has the notifying authority of civil status, once the procedure is completed according to § 66 to show in the way of the ZPR: 1. the family name and the given name;

2. the date and the place of birth, and 3. the gender.

(3) in the display referred to in paragraph 2 the day of birth is to specify, which is determined by the Governor for the purposes of registration. If place of birth is not known, the community is as place of birth to lead, in which the civil authority is established.

3. MAIN PIECE

REGISTRATION OF THE CASE OF THE CIVIL STATUS AND CIVIL STATUS REGISTER

1 section

Registration of the civil status case

Compulsory registration

Section 35 (1) incurred Personenstandsfall as well as changes, additions and corrections of civil status are to enter everyone in the country.

(2) an abroad occurred Personenstandsfall must be entered if the Personenstandsfall concerns: 1. an Austrian citizen;

2. a stateless person or a person of unknown nationality, if they have their habitual residence in Germany;

3. a refugee within the meaning of the Convention relating to the status of refugees, Federal Law Gazette No. 55/1955, and of the Protocol relating to the status of refugees, Federal Law Gazette No. 78/1974 that if he is domiciled, in the absence of such habitually resident in Germany.


(3) a change occurs in a foreign country according to this federal law, general civil status data processed, the legal representative, otherwise the person concerned have to inform the civil status authorities with regard to minors.

(4) on births and deaths, which occur on a seagoing ship entitled to the leadership of the flag of the Republic of Austria on the high seas, paragraph 2 is to apply; the constraint is attributable to the persons stated in this paragraph.

(5) the personal status cases stated in para 2 and 4 are to enter when they were announced by the civil authority. In the cases of paragraph 3, the civil status authorities of domestic place of residence of the person committed pursuant to par. 3 of the information has to enter. In the absence of such, the enlistment of the civil authority in the place of the last Personenstandsfalls. May be tied to such not, has to enter the municipality of Vienna.

(6) on the occasion of the registration of the birth of the civil status authorities for the institution of citizenship evidence can make the entry of the citizenship of the children in the central register of citizenship (ZSR) in accordance with article 56a StbG. In this case, they are also authorized to issue those proofs of citizenship.

Basis of the registration

Entries are 36 (1) to carry out on the basis of advertisements, applications, statements, messages and of its own motion. These documents are to keep that authority, which runs the official act.

(2) before registration, the relevant facts is to determine by virtue. This is not possible, in the way of the ZPR / civil status documents and other appropriate documents are to be used. Entries that do not occur on the basis of appropriate certificates, are to be marked accordingly.

(3) entries from abroad of the civil cases are without further proceedings, if the underlying foreign certificates should not give rise to doubts about its accuracy be and not be used as a basis for the issuance of a document from Austrian.

(4) if the person concerned is a legal interest in the exhibition of Austrian documents believable, paragraph 2 applies.

(5) persons who can, have evidence or provide information needed for registration are required to present this evidence to prompt or to provide the requested information.

(6) has been shown at the birth or death of a person not by the head of a hospital, must be only entered the Personenstandsfall, if a birth confirmation (a medical death certificate), issued by a doctor or a midwife or birth (death) due to other circumstances is not doubtful. The exhibition of the confirmation of the birth is the doctor or the midwife, who during or after birth have provided assistance, committed to the exhibition of the death confirmation of the doctor who made the dead inspection. If the doctor or the midwife are notifiable disease not even under section 9 or section 28, they have the confirmation to pass the notifiable. This is not known, the doctor or the midwife they have to submit the confirmation by the civil authority that has to register the birth or death.

For more information

The person and the event relevant to the registration are section 37 (1) by details to identify.

(2) the person must be determine by family or surname and given name. A twin name is ABGB according to § 93 par. 2 to go on to an obligation to its leadership. also is to lead, what name as common family name or right homonymous last name (§ 2 ABS. 1 Z 7a of the change of name Act - nails and body, Federal Law Gazette No. 195/1988) is. Academic degrees and state names are to enter at the request, unless such a claim pursuant to domestic legislation.

(3) the event is to determine by specifying the time and place.

Name

Names are 38 (1) of the certificate for the registration and other documents buchstaben - and true to character to take over. Are in the document other than used Latin characters have been, the rules for the transliteration must be observed.

(2) names based on foreign legislation not family and given name are separated, are names as families - as well as as to enter first name. In addition, in particular post-nominals as other names may be registered.

(3) for the determination of the surname acquired by descent are, as far as the person, relating to the registration that, not other contends that to attract only the documents of the person, the family name derived directly from the.

(4) has a spelling deviating from the legal surname become the family name or the last name of a person or of the person, the family name is derived from, or for the given name of a person in use, is the family name at their request to enter last name or first name spellings have become common. The application requires the consent of the spouse if this results in the same family name.

(5) the registration of the name according to paragraph 4 is applicable for all other entries relating to the same person. The same applies to the spelling of the family name of the spouse who has agreed to the request according to paragraph 4, and of the child minor at the time of the registration of if it derived his family name by the applicant.

Procedure notes

§ 39. procedure notes depict the process led to a Personenstandsfall and constitute no proof in the sense of § 292 1 of civil procedure [ZPO, RGBl. No. 113/1895.

Completion of the registration

40. (1) is the registration without undue delay. A full registration is not possible within a reasonable period of time she is incomplete.

(2) the registration is complete by releasing in the ZPR.

(3) the registration to the General and special civil status data constitutes full proof in the sense of § 292 1 ZPO, insofar as it is not the nationality.

Amending and supplementing

41. (1) the civil status authority has to change an entry if it is become obsolete after the registration.

(2) the civil authority has to supplement an incomplete entry, once the full facts of the case has been determined.

Correction

42. (1) is an entry to correct, if it already has been incorrect at the time of registration.

(2) the correction is carried out that civil authority that has made the incorrect entry.

(3) the correction can be made automatically at the request or under the protection of the rights of the defence.

(4) each person State authority also without the involvement of the person concerned can correct obvious spelling mistakes.

(5) any amendment is communicated to the person concerned.

2. section

Civil status register

General information

The civil status authorities may use personal data only 43. (1) If this is necessary and not excessive for the fulfilment of the tasks assigned to them.

(2) the authorities are empowered, in procedures, which have to lead them to this federal law, to use computer-assisted data processing.

Central civil status register (ZPR)

44. (1) the civil status authorities are empowered, General and special civil status data in an information system (§ 4 Z 13 of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999) to process (central civil status register - ZPR).

(2) the Central person register is a public register in that time and place of death of a person can be queried if the questioner clearly cannot determine the person by the name, as well as at least another feature with regard to all total records processed in the ZPR. A bPK to use is specified in the private sector for the identification of the person concerned, the requestor must adjust also his own master number for the purpose of verifying the accuracy of the bPK available. The costs to be paid for the query are by the Federal Minister of the Interior in consultation with the Federal Minister of finance by regulation to set.

(3) Datenschutzrechtlicher of the ZPR are the civil status authorities. The Federal Minister of the Interior has both the function of the operator in accordance with § 50 DSG 2000 as well as a service provider within the meaning of § 4 Z 5 DSG 2000 for this data application in. In this role, he has to put data quality assurance measures, in particular evidence of a possible identity of two similar data sets, or the spelling of addresses to give.

(4) an agreement for the contribution of other authorities in the extent of use expected by this is allowed.

Local civil status registry (LPR)

The civil status authorities may process section 45 (1) civil status data for the fulfilment of the tasks entrusted to them in a local civil status register, which runs in the context of the ZPR.

(2) the transmission of any other civil status data to others as civil status authorities is permissible only on the basis of an express statutory provision.

(3) the religion of a person may only disclose are: 1.

those legally recognized church or religious society or registered religious confessional community to which the person concerned has known, and 2. authorities in connection with the enforcement of the law of 25 May 1868, which lays down the interconfessionellen conditions of the citizens in the relationships therein specified, RGBl. No. 49/1868, idF. dRGBl. I S 384/1939.

Also the religion only for statistical purposes may delivered 2000, Federal Law Gazette I no. 163/1999, organs of the Federal statistics or bodies appointed to state regulations to under the Federal Statistics Act. The data is to convey that they are only indirectly personal for the recipient.

4. MAIN PIECE

USE OF THE CIVIL STATUS DATA, CIVIL STATUS DOCUMENTS AND CONFIRMATIONS

1 section

Using the data of the ZPR

General information

46. (1) the civil status authorities are entitled to use the data processed in the ZPR and to provide information from it.

(2) the Federal Minister of the Interior has to process the civil status data made available to him and to envisage their from eligibility from the total amount of data stored by the registered name.

(3) for the purposes of proper management of the data of eligibility can be made also by other criteria. In addition, may for the purposes of the security police and criminal justice or, as far as this is legally foreseen, from eligibility from the entire set of all data processed in the ZPR also after other criteria referred to in paragraph 2 shall be provided (link request).

(4) civil status data, processed in the ZPR are to delete 120 years after the entered date of death of the person concerned. Then they are to pass the Austrian State archives.

ZPR query

47. (1) the core of the person (section 2 paragraph 2) is, as far as this is necessary for the performance of a task conferred upon it by law, every authority in the way of the long-distance traffic available, if she can determine the person concerned for the name and possibly another feature. Institutions federal, the Länder and the municipalities, as well as the social security institutions and the legal interest groups have a procedure to use the data of person core taking account of paragraph 3.

(2) on the cases of paragraph 1, a query in the ZPR in the way may be opened the courts, court Commissioners in the sense of the Court Commissioner Act (GCG), Federal Law Gazette No. 343/1970, public corporations and public authorities at their request, that she, as far as this is necessary to the care of one of their legally transferred task, special civil status data (§ 2 para 1 No. 2) can identify certain persons in long-distance traffic.

(3) doubts about the authenticity of the data processed in the ZPR occur when a query, each pursuant to par. 1 and 2 legitimate query obliged immediately in the way of the ZPR furthermore to inform the civil authority.

(4) for queries from the ZPR is on the part of the query to ensure that 1 in his field is explicitly set, who can perform a query under what conditions, 2. query-eligible employees about their obligations under data protection rules are taught, 3. appropriate arrangements on the query permissions and protection be taken before understanding and use of the civil status data by unauthorized persons, 4 technical or programmatic measures be taken measures against unauthorized queries , 5 records be maintained so that can track actually carried out using operations in terms of their eligibility to the necessary extent, 6.
Measures to protect against unauthorized access to premises, of which queries can be performed, be taken and 7 a documentary about that after Z 1 to 6 is run measures.

To the provision in the way of the ZPR

The youth welfare institutions following data to allocate are 48th (1): 1. birth;

2. death;

3. recognition of the paternity or maternity to a minor child;

4. by the municipality of Vienna the recognition of paternity (sections 145 and § 147 ABGB) to a minor child, whose Geburt in the ZPR is registered;

5. establishment of non-paternity of the husband of the mother;

6 registration according to § 38 paragraph 3 or 4, if the entry concerns a minor;

(2) the main Association of Austrian social insurance institutions and the Federal Minister of finance to provide following information are: 1. birth;

2. marriage;

3. justification of the registered partnership;

4. death;

5. stillbirth;

6. recognition of paternity or maternity to a minor child;

7 establishment of non-paternity of the husband of the mother;

8 adoption of a child;

9. modification of the family or surname of someone than effect a to Z 7 to 10;

10 annulment of marriage and the determination of the non-existence of marriage;

11 Declaration of invalidity of the registered partnership and the determination of the non-existence of the registered partnership;

12 dissolution of marriage (death, divorce and annulment);

13 dissolution of the registered partnership (death, dissolution);

14 re adoption of (the) earlier family name.

(3) the employment service data referred to in paragraph 2 are therefore available, as they a claimant under the unemployment insurance Act 1977 - AlVG, BGBl. No. 609, or the foreign nationals employment Act - aliens, BGBl. No. 218/1975, refer to.

(4) data about all changes of names of persons who have reached the age of 14, as well as to the death of a person to provide are the National Police Directorate.

(5) the data about the death of a person who has reached the age of 15 are the licence authorities to make available.

(6) re adoption of (the) former family or last name, is when the person, their family or last name has changed, an Austrian citizen or not Austrian citizens of the Union and the 14 completed years of age, the voters evidence to submit.

(7) the passport authorities are the data about the death of a person to provide.

(8) the military commands to provide following information are: 1 not yet expired at the marriage ceremony, when the man of Austrian citizens is the year in which he reached age the 65th, and his family or last name; changed

2. death, if the deceased man of Austrian citizen was, the 17th has reached age, and the year in which he reached age the 51st, has not yet expired;

3. change of the family or surname of someone than effect an operation referred to in paragraph 2 has reached age Z 7 to 10, if the man of an Austrian citizen is, the 17th, and the year in which he reached age the 65th, has not yet expired;

4. re adoption of (the) former family or last name, if that person, their family or last name has changed, male sex and an Austrian citizen, you completed the 17 to age, and the year in which you reached age the 65th, has not yet expired;

5. a registration according to § 38 paragraph 4, if the applicant, the spouse or minor child of male sex and an Austrian citizen, the 17th has reached age, and the year in which he completed, not yet expired the age of 65.

(9) the one with the implementation of the asylum law 2005, Federal Law Gazette I no. 100 / 2005, of the 2005 Aliens Police Act, Federal Law Gazette I no. 100 / 2005, and the settlement and residence Act, Federal Law Gazette I no. 100 / 2005 responsible authorities to establish the data for determining the ability, a marriage or a registered partnership, to provide, where at least one of the fiance or partnership recruiter is a third-country nationals in cases provided.

(10) in the cases referred to in paragraphs 1 to 9, transfers are allowed only when this is essential to legally borne missions. In addition, transfers are allowed only when this is an express statutory authorization.

(11) a change of data according to § 2 para 2 in the ZPR is automatically provided the ZSR and updated.

(12) a change of data according to § 2 para 2 in the ZPR is provided the CRR with the exception of the death date and updated. No record exists in the CRR is an update in the supplementary register of natural persons to carry out.

(13) in the paragraphs 1 to 11 provided for the provision of data should only be, if and when this is required for the respective authority to fulfil a statutory task; It is periodically electronically in an appropriate manner.

Submissions to courts

paragraph 49. The data to the death of a person is to provide those courts that are concerned on the basis of laws with probate matters.

Engineering change management


§ 50. Beyond that in paragraph 48, intended for the provision of data can the Federal Minister of the Interior, as far as legitimate runs a personal data application, request the changes to that data against reimbursement insofar make available, as the respective encrypted bPK of the changed records are announced. Be bPK for use in the private sector announced the change is possible data to the death of a person against reimbursement available. section 48 remains unaffected.

Statistical surveys

51. (1) the civil status authority is the Federal Statistics Austria, using the encrypted area-specific person flag "Official statistics" (bPK-AS) data 1. without the names of the persons concerned for the production of statistics about births, marriages, and marriages as well as reasons and resolutions from registered resolutions to make partnerships, as well as 2 with names of the persons concerned for the production of statistics on deaths and causes of death.

(2) the Federal Agency Statistics Austria has added on the basis of data to be communicated by the civil status authorities referred to in paragraph 1, information about the highest completed education of the person through use of data of the education standard register pursuant to section 10 of the training documentation Act, Federal Law Gazette I no. 12 / 2002, statistics on births, marriages, reasons by registered partnerships and deaths to create and the countries and communities of these statistics to make this person stand data in anonymised form free of charge at the disposal.

2. section

Information, civil status documents, and be information monitoring

Information

52. (1) insofar as no overriding legitimate interest of persons to which the registration relates, is contrary to, is the right to be informed about civil status data and documents, that the basis of registration and subsequent changes, as well as determining the capacity and the ability to establish a registered partnership as well as exhibition of civil status documents and transcripts to: 1 persons, to which the registration relates , as well as other persons whose status is affected by the registration

2. persons who make a legal interest.

(2) para 1 are 1 and 2 rights Z in the case of section 88 of the non-armed law - AußStrG, Federal Law Gazette I on the choice parents and the adopted child, has reached the age of 14, limited No. 111/2003, or of any other adoption of incognito.

(3) the civil status authority shall on request to send weekly inventories of recorded personal status cases. Births must be carried in the directories only with express written consent of the legal representative of the child marriages where both spouses, by registered partnerships with both partner on the reasons. The information in the directories are on the date and the place of the event, as well as on the family or last name to limit the first name and the residential community.

(4) as far as are for the purposes of § § 46 and 47 DSG 2000 to biometrical data from more than one customer, they come to the Federal Minister of the Interior as a service provider.

(5) the restrictions of the right of access, to resulting from paragraph 1, apply after the expiry of the following periods as repealed: 1. 100th anniversary of the registration of the birth or 2. 75 years since registration of marriage or registration of the grounds of the registered partnership where registration is concerned not a living person or 3. 30 years since registration of death.

Civil status certificate

53. (1) civil status documents are excerpts from the ZPR. As far as contrary to no legitimate interest and nothing else is in the following terms, these reflect the essential contents of the registration.

(2) at the request of a civil status certificate with the religious preferences can be issued if this was posted for each entry; such certificates can be requested only to those civil authority that has made the registration.

(3) the civil status authorities have to issue: 1. birth certificates;

2. marriage certificates;

3. partnership documents;

4. records of deaths.

(4) in other countries, civil status documents can be issued by the Austrian embassies. For this purpose, they are empowered to determine the required civil status data.

(5) at the request of civil status documents with certain formal features are, their appearance to set by regulation of the Federal Minister of the Interior.

(6) upon request, partnership documents by the Governor are to certify all other civil status documents by the district administrative authority and the Governor. Legislation on any further certification shall remain unaffected.

(7) the Federal Minister of the Interior is authorized to prescribe that the authenticity of the documents issued from the ZPR using a code cannot be verified. Apart from the cases referred to in paragraph 5, the certificate with the official signature of the owner of the ZPR is provided.

Birth certificate

54. (1) the birth certificate has to contain: 1. the name of the child;

2. the gender of the child;

3. the date and place of birth of the child;

4. the names of the parents;

5. the date of issue;

6. the name of the Registrar.

(2) on application, a birth certificate is to exhibit, which contains only the information pursuant to § 54 para 1 Z 1 to 3.

Marriage certificate

55. (1) the marriage certificate has to contain: 1 the names of both spouses, their sex, the day and place of birth;

2. the date and the place of the marriage;

3. the determination of the family name of children from the marriage;

4. the dissolution or annulment of marriage;

5. name legal operations in connection with the marriage, its dissolution or annulment;

6. the date of issue;

7. the name of the Registrar.

(2) when indicating the family name before the marriage are changes that occurred after the marriage, not to take into account; This shall not apply in the case of changes that impact on the time before the marriage.

Partnership deed article 56. The partnership deed shall contain: 1. the names of the partners, their sex, the day and place of birth;

2. the day and the place of the grounds of the registered partnership;

3. the resolution or declaration of invalidity of a registered partnership;

4. the date of issue;

5. the name of the official.

Certificates on deaths

57. (1) the death certificate has to contain: 1. the name of the deceased;

2. the gender of the deceased;

3. the date and place of birth of the deceased;

4. the last place of residence of the deceased;

5. the time and place of death;

6. the last marriage and the General civil status data of the spouse, if the deceased at the time of death was married;

7. the last established registered partnership and the General civil status data of for registered partners, if the deceased at the time of the death in a registered partnership lived;

8. the date of issue;

9. the name of the Registrar;

10. in the case of a declaration of death the Court, the day and the filing of the Declaration of death.

(2) for stillborn children, an own certificate is issued. It has to contain: 1 by the parents known given name;

2. the gender of the child;

3. date and place of birth of the child;

4. the names of the parents;

5. the date of issue;

6. the name of the Registrar.

(3) for persons, they (alleged) died as a result of a declaration of death is registered, only information about the registration will be issued.

Other excerpts

58. (1) the authority shall on the basis of the data contained in the ZPR at the request of a pursuant to § 52 information authorized biometrical: 1 his data to one or more civil cases (extension), or 2. its data to all civil cases registered in the ZPR (overall score).

(2) to in accordance with the technical possibilities can a Beauskunftung also in the long-distance traffic from the ZPR using the function of the citizen card (§ 4 ff E-GovG) demands and be granted. In this case is to provide the statement with the official signature of the owner of the ZPR.

5. MAIN PIECE

AFTER ACQUISITION, ALTMATRIKEN, STORAGE, OTHER PROVISIONS

1 section

Storage of files

All of the documents that formed the basis of the registration and later changes, as well as determining the capacity and the ability to establish a registered partnership, are 59 (1) to preserve those civil authority, that has made the registration. Documents are, as far as they were issued not only for the registration or the determination of the capacity or the ability to establish a registered partnership, to return to individuals who have submitted.

(2) documents referred to in paragraph 1 are to store so that they are protected against damage, loss or destruction. The archive-statutory regulations provisions remain unaffected.

(3) instead of the documents referred to in paragraph 1 also microfilm or electronic medium of information can be stored.

2. section

Subsequent collection and retention of the books

Keeping the books


The amount listed up to the time of the recording of the ZPR remain 60. (1) the civil status authorities. As far as amount are already deposited with district administrations, they remain there. The amount shall be kept up so that they are protected against damage, loss or destruction. The archive-statutory regulations provisions remain unaffected.

(2) from the date of entry into force of this federal law, any entries in the amount may be made.

Construction of the ZPR

Section 61 (1) as of 1 April 2013 runs the ZPR in the course of construction. The civil status authorities can leave the Federal Minister of the Interior in accordance with the technical and organisational possibilities of civil status data.

(2) in so far as the data is not already collected in the frame of the building operation in the ZPR, they are also generally cause-related according to capture in the ZPR insofar as they are necessary to the execution of a civil case can be done independently of the existence of a civil case a subsequent acquisition. If this requires a person who already had a Personenstandsfall in Austria, is to to capture at least. As far as this is necessary in particular with regard to a uniform degree of subsequent acquisition, the Federal Minister for interior details about the procedure, the extent and the final or preliminary conclusion of after capturing may lay down by regulation.

(3) laid down by the regulation the date of after capturing the obligation to be registered in the register of standard documents in accordance with article 17, paragraph 1 eliminates the E-GovG.

(4) as far as this and is required for a proper transition from the leadership of the amount only automation-supported processing of civil status data, the Federal Minister of the Interior may specify by regulation that the amount for a period of time, a year not exceeding further according to the provisions of the civil status Act, Federal Law Gazette I no. 135/2009 are no. 60/1983, as amended by Federal Law Gazette.

(5) insofar as this is necessary for ensuring the correctness and completeness of the civil status data of the ZPR during the subsequent acquisition, the data of the CRR may be used. For this purpose, the registration authorities are also entitled to use the General civil status data or parts of it for comparison with the data processed in their population registers and to direct the rectification or completion by the competent authority in the way. As well, the civil status authorities are entitled, the identity data (§ 1 para 5a MeldeG) to use registered people for this purpose.

(6) is in the context of the comparison referred to in paragraph 4 clearly, that changes to data are required, a change of academic degrees and State designations in the CRR provided that only degrees and stand names collected by the civil authority. An automatic update of the family name in the CRR has only after carrying out an investigation to be carried out within the scope of section 74. If there is a change to the data in the CRR after acquisition, a copy of the modified logon data is the person concerned to submit to.

3. section

Altmatriken

Retention and continuation

By the legally recognised churches and religious societies on behalf of State prior to August 1, 1938 to the notarization of marriages and the amount listed prior to January 1, 1939 to the certification of births and deaths, as well as all amount (Altmatriken) run by the administrative authorities prior to January 1, 1939 are 62 (1) of the legally recognised churches and religious societies, as well as the administrative authorities , where she on the day of entry into force of this Federal Act are, to store and to carry on.

(2) the retention and continuation of military parish registers before August 1, 1938 (Army parish registers) is the Austrian State archives.

Issuance of certificates

63. (1) the depositary of Altmatriken (§ 62) have to provide on the basis of the entries in this Altmatriken person-level certificates and transcripts to exhibit, as well as insight into the Altmatriken.

(2) the civil status documents issued pursuant to paragraph 1 and transcripts from the Altmatriken have the same evidential value as the civil status documents issued by the civil status authorities and transcripts from the Personenstandsbüchern.

(3) the bodies of legally recognised churches and religious societies may require fees in the amount of the Federal Administration fees for issuing civil status documents and transcripts from the Altmatriken, as well as providing insight into the Altmatriken, which are collected by the civil status authorities for similar acts. These fees can be inserted on the basis of a residue ID of legally recognised churches and religious societies administrative action if the enforceability is confirmed by the district administrative authority.

4 section

Other provisions

Legal advice of the Governor

section 64. As far as it is necessary for the assessment of a question of law, the civil status authorities can obtain a legal advice of the Governor.

Recognition of foreign decisions

§ 65 appear in proceedings doubts as to the eligibility of a foreign decision on the dissolution of a marriage or the dissolution of a registered partnership, thus providing a judicial decision on recognition (sections 97 to 100 AußStrG) can be applied to the party who relies on it.

Name setting

66. (1) the origin and a person's name can not be determined, the Governor has to set a common family name and given name.

(2) the same applies to the family or last name, if one has no family or last name mentioned person of known origin in § 35 par. 2 or this cannot be determined. This is the person with a name is known, on request as to assess family or last name.

(3) shall be the Governor, within its operational area, the person has their habitual residence. She has no residence in Germany, the Governor of Vienna is responsible.

(4) the Governor has fixing according to paragraphs 1 and 2 to revoke, once that has been determined origin or the name (section 1) or the family or surname (para 2) of the person.

Power to the certification and accreditation

67. (1) the Registrar has to notarize, authenticate, and enter: 1. Declaration on the recognition of paternity and related statements;

2. the consent of the legal representative and the parent/guardian to marry a person who is not of full legal capacity;

3. the declarations of the fiancée of the surname in the marriage;

4. the explanations of the fiancée of the intended purpose of the family name of children from the marriage;

5. the statement, by a spouse who married is resolved, again takes a previous family name;

6 declarations that are required for the entry of name legal effects in a child or spouse in cases provided by law;

7. other declarations that are required for the full registration of a civil case.

(2) the district administrative authority has the consent of the legal representative to establish a registered partnership of a person who is not of full legal capacity, to notarize and certify and to enter.

(3) the Austrian diplomatic missions abroad have cited explanations, if the appreciative or the child is one in § 35 paragraph 2 indicated person to notarize the ABS 1 Z 1 and legalized in par. 1 Z to authenticate 2-7 mentioned declarations to the competent civil authority to convey.

(4) in other legislation conferred powers of the courts, administrative authorities and notaries to the certification and accreditation of in para 1 Nos. 1 to 7 and paragraph 2 remain unaffected stated explanations.

(5) the civil status authority that has made the registration of the birth has custody declarations (article 177, paragraph 2 ABGB) to authenticate. These shall be communicated to the Court at the place of residence of the child.

Acceptance and registration of declarations

68. (1) the issued Nos. 1 and 3 to 6 mentioned declarations before the Registrar in the section 67, paragraph 1, to submit this in public or publicly-certified certificate.

(2) are that made cited statements not in front of the district administration authority in section 67, paragraph 2, they are way to convey this in public or publicly-certified certificate.

(3) responsible for the receipt and registration in the section 67, paragraph 1 Nos. 1 and 3 to 6 mentioned explanations is that civil authority has certified the Declaration or authenticated. Has been issued the statement before a civil registrar, so the receipt and registration of the civil status authority at the seat of the Court, the authority or person with public responsibility.


(4) in the case of article 67, paragraph 3, is to accept the explanation of the civil authority of the place of residence of the person concerned and to enter. In the absence of such, the jurisdiction is determined according to the last place of residence in Germany. May be tied to such not, the city of Vienna is responsible.

(5) the civil status authority in which the entry is made, has to notify the opposition justified by the acknowledgement of paternity and to indicate their objection.

(6) the civil status authority that has received a floating ineffective paternity recognition according to article 147, paragraph 1 ABGB, has the beneficiaries of the agreement pursuant to § 147 to inform para 2 and 4 LC on the acknowledgement of paternity and to indicate their consent right.

Authenticity of signatures

§ 69. written submissions to require, where for them not special form requirements exist under this Federal Act or under other legislation, any authentication of the signature. Official but has doubts as to the authenticity of the signature and the importance of the indicator or the other attaching requires clarification, it may require a certification of the signature if the doubts cannot be cleared unless otherwise.

Language and script

Article 70. The registration and the issuance of documents, information and other statements must be done in German language using Latin characters and Arabic numerals. VoGrG, Federal Law Gazette No. 396/1976, without prejudice to provisions of intergovernmental agreement on the exhibition of multilingual documents and the provisions of the ethnic group Act -.

6 MAIN PIECE

CRIMINAL, TRANSITIONAL AND FINAL PROVISIONS

1 section

Penal provisions

71. (1) commits an administrative offence if the Act constitutes not a criminal offence falling within the jurisdiction of the courts, 1 who a duty does not comply with according to §§ 9, 28, 36 paragraph 5 and 6, as well as with regard to a change in the name or marital status of the persons concerned of the obligation according to § 35 paragraph 3 or in a display, a request, declaration or information of an administrative authority , which is entrusted with the execution of this Federal Act, makes deliberately false or incomplete information;

2. who uses a civil status certificate (§ 53), other statements (section 58) or information (§ 52) compared to an administrative authority to prove his current marital status, although it is known or known that the note already at the time of their exhibition was incorrect or has become incorrect after their exhibition should.

(2) an administrative offence is referred to in paragraph 1 with fine of up to 218 euros, to punish such a no. 2 with the expiry of the certificate referred to in paragraph 1.

(3) the certificate refers directly to the perpetrator, the decline is even to have, if not its property.

(4) the implementation of the administrative penal proceedings is whether the district administrative authorities.

2. section

Transitional and final provisions

Entry into force and transitional provisions

72. (1) article 61, paragraph 1 with 1 April 2013 enter into force. This federal law into force with the exception of article 5, par. 5 and § 72 ABS. 3 with November 1, 2013. § 72 ABS. 3 § 5 par 5 with 1 January 2013 at the end of the day of the announcement of this Federal Act, into force. The civil status law - PStG, Federal Law Gazette No. 60/1983, occurs at the end of the 31 October 2013 override. For the retention and continuing the Altmatriken insight into Altmatriken and issuance of certificates of Altmatriken pursuant to sections 62 and 63 is the civil status Act, Federal Law Gazette No. 60/1983, as amended by Federal Law Gazette I continue to apply no. 135/2009,. For the application of article 177, paragraph 2 ABGB shall apply the §§ 7 para 2 and 67 paragraph 5 as of February 1, 2013.

(2) Regulations under this federal law as amended can be adopted from the day following the announcement of the Federal Act; They however at the earliest simultaneously with this federal law into force.

(3) as from the day following the announcement of this federal law, a test mode can be set up for the ZPR. The data do so used is to delete, in so far as these were not already re-used as data of the ZPR with real-time operation.

(4) data from the default document register pursuant to § 17 para 1 E-GovG can ZPR are inserted into this.

(5) on the basis of § 5 5, § 60 and 63 of the civil status Act, Federal Law Gazette No. 60/1983, adopted regulations, which are available at entry into force of this federal law in force, considered corresponding regulations within the meaning of articles 5, 6 and 59 of the Federal law.

Communication obligations of the courts

§ 73. courts may until 1 January 2016 Nos. 8, 9 and 10 to the civil authority, which led so far the marriage - or the partnership book, in article 7, paragraph 1 referred to in no. 1 to 7 releases of the civil authority, which previously led the birth book, and communications in accordance with § 7 paragraph 1 submit.

Name use

section 74. On the basis of one before May 1, 1995 acquired rights were born or married and without prejudice to any obligations for the use of a name.

Again adopting the gender name

§ Version valid 75. § 93a ABGB, as of May 1, 1995 shall apply again adopting the gender name accordingly.

Reporting obligations and intergovernmental agreements

section 76. The provisions in other legislation concerning reporting obligations of the civil authority, as well as the intergovernmental agreement in matters of personal status, made known prior to entry into force of this federal law are not affected by this federal law.

Linguistic equality § 77. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

References section 78 (1) references in this Federal Act on other federal laws are to be understood as references to the applicable version, as far as not expressly otherwise destined.

(2) if in other Federal Law Gazette No. 60/1983, referenced on provisions of the civil status Act, the relevant provisions of this Federal Act take their place.

Enforcement

section 79. With the completion of this Federal Act 7, 13, 14 to 18, 21 to 25, 30 Z involved in 1 with regard to the articles 1, 7 and Z 9, 48 para 8, 49, 51, 64, 65, 67 paragraph 1, 4 and 5, 68 and 74 of the Federal Minister of the Interior in consultation with the Federal Minister of Justice, 2. with regard to sections 53 para 4 and 67 (3) the Federal Minister for European and international affairs in agreement with the Federal Minister of the Interior and the Federal Minister for Justice, 3. with regard to article 62 par. 2 of the Federal Chancellor, 4. with regard to section 44 para 2 of the Federal Minister of the Interior in consultation with the Federal Minister of finance, 5. with respect to all other provisions of the Federal Minister of the Interior.

Article 2

Amendment of the Citizenship Act of 1985

The Citizenship Act 1985 - StbG, BGBl. No. 311/1985, as last amended by the Federal law. I no. 87/2012, is amended as follows:

1. paragraph 20 paragraph 2:

"(2) the assurance shall be revoked if the stranger with the exception of article 10, paragraph 1 no longer meets any of the conditions necessary for the awarding of citizenship no. 7."

1a. Article 41, paragraph 1 reads:

"(1) apart from cases of para 2, that municipality (Samtgemeinde) is responsible for issuing acknowledgments in matters of citizenship and to decide on such requests, the (the) turns the applicant in Germany."

2. paragraph 44:

"Section 44 (1) confirmations, that a certain person has citizenship (citizenship certificates), as well as citizenship legal confirmations are extracts from the central register of citizenship - ZSR (section 56a).

(2) at the request of a proof of citizenship with certain formal characteristics of design is to exhibit its appearance to set by regulation of the Federal Minister of the Interior.

(3) to in accordance with the technical possibilities: a proof of citizenship also in long-distance traffic from the ZSR may pursuant to section 56a subsection 1 using the citizen card (§§ 4 ff of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004) applied for and issued.

(4) proof of citizenship must be provided with the official signature of the owner of the ZSR."

3. section 45 is eliminated.

4. in article 47, paragraph 1, the phrase "article 60 of the civil status act" by the phrase "(§ 5 des Personenstandsgesetzes 2013 – PStG 2013, BGBl. I Nr. 16/2013) is" replaced and after paragraph 3 the following paragraph 4 added:

"(4) an Association of citizenship can run 2013 PStG in the framework of a revert - and citizenship association according to § 5 paragraph 5."

5. paragraph 50:

"article 50. The evidence of citizenship is to lead for each municipality separately within the framework of the ZSR (section 56a)."

6 the following paragraph 3 is added to § in 52:

"(3) in the cases of § 35 par. 6 PStG 2013 applies for the civil status authorities paragraph 2."


7. in article 53 "Is evidence" is inserted after the sequence of the words the phrase "in accordance with the technical possibilities in the form of electronic weiterverarbeitbarer", Z 5 account for the lit. a and b and is following lit. f added: "f) a breaking through acknowledgement of paternity pursuant to section 147 of the General Civil Code - ABGB, DL No. 946/1811."

7A. section 54 is eliminated.

8. According to article 56, the following section VA including heading shall be inserted:

"Section VA

Central Register of citizenship (ZSR)

section 56a. (1) the evidence authorities are empowered to citizens 1 name;

2. dates of birth;

3. gender;

4. the fact that someone is a citizen, and other nationalities;

5. date of purchase and corresponding reason of acquisition of;

6. date of loss and corresponding reason of loss of;

7 death data;

8 sector-specific personal identifier (bPK, §§ 9 ff E-GovG);

9 degrees and State designations, as well as 10 other circumstances, for the acquisition, loss or retention of citizenship are required, in a joint information system (§ 4 Z 13 of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999) together to process (Central Register of citizenship).

(2) the Federal Minister for Home Affairs exercises both the function of the operator in accordance with § 50 DSG 2000 as well as a service provider within the meaning of § 4 Z 5 DSG 2000 for this data application in. In this role, he has to put data quality assurance measures, in particular evidence of a possible identity of two similar data sets or the Schreibwese address to give. Citizenship authorities have to provide the Federal Minister of the Interior for the purposes of the ZSR their citizenship data.

§ entitled 56. b (1) which are evidence to use the data processed in the ZSR and to provide information from it. To the execution of the tasks entrusted to them under this Federal Act, the Austrian professional consulates and Austrian diplomatic missions are entitled to determine the data that is processed in the ZSR and processed for these purposes.

(2) the Federal Minister of the Interior has to process the citizenship data made available to him and to see their from eligibility from the total amount of stored data after the registered name or the name in combination with a further date pursuant to section 56a subsection 1.

(3) for the purposes of proper management of the data of eligibility can be made also by other criteria. For purposes of security police and criminal justice or, as far as this is legally foreseen, from eligibility from the entire set of all data that is processed in the ZSR also after other can as in paragraph 2 be provided criteria (link request).

(4) citizenship data, processed in the ZSR is to delete 120 years after the entered date of death of the person concerned. Then they are to pass the Austrian State archives.

(5) the Federal Minister of the Interior is authorized provided that the authenticity of the documents issued from the ZSR using a code can be verified.

(6) data and the change of nationality in the ZSR is automatically provided the ZPR and updated.

(7) instead of a notice referred to in section 53, no. 1 can the Office of the provincial government on the occasion of acquisition, of loss, of renunciation or of finding, retention and deprivation of citizenship to the competent body of evidence that enter data in accordance with section 56a para 1 in the ZSR.

section 56c. (1) the citizenship data referred to in article 56a, paragraph 1 are, as far as this is necessary for the care of a legally transferred task, every authority in the way of the long-distance traffic available, if she can determine the person concerned for the name and possibly another feature. If a process to citizenship are relevant, to check the data in the ZSR. The Federal Minister of the Interior has the Federal Agency to provide statistics Austria data referred to in article 56a, paragraph 1 for the compilation of statistics without the names of the persons concerned, using the encrypted area-specific person flag "Official statistics" (bPK-AS).

(2) doubts about the authenticity of the data processed in the ZSR occur when a query, each pursuant to par. 1 query owner is obliged, immediately in the way of the ZSR also to put the evidence.

(3) for queries from the ZSR is on the part of the query to ensure that 1 in his field is explicitly set, who can perform a query under what conditions, 2. query-eligible employees about their obligations under data protection rules are taught, 3. appropriate arrangements on the query permissions and protection be taken before insight and use of citizenship data by unauthorized persons, 4 technical or programmatic measures be taken measures against unauthorized queries , 5 records be maintained so that can track actually carried out using operations in terms of their eligibility to the necessary extent, 6.
Measures to protect against unauthorized access to premises, of which queries can be performed, be taken and 7 a documentary about that after Z 1 to 6 is run measures."

8A. section 63c para 2 is omitted the phrase "a prompt according to § 45 or".

9. the section 64a be added following paragraph 15 to 17:

"(15) from 1 April 2013, the ZSR in the course of construction is done. The evidence points can leave the Federal Minister of the Interior in accordance with the technical and organisational possibilities of citizenship data.

(16) as far as this is and necessary for a proper transition from the leadership of the citizenship evidence to the only automation-supported processing of citizenship, the Federal Minister of the Interior may specify by regulation that the citizenship evidence for a certain StbG, a year not exceeding period further to the provisions of the Citizenship Act, 1985 -, BGBl. No. 311/1985, as amended by Federal Law Gazette I 87/2012 are no.. As far as data is not already collected in the frame of the building operation in the ZSR, they are cause-related according to capture in the ZSR if these are required in a proceeding. In addition, a subsequent acquisition can are independent of a case unless a citizen requested in this. As far as this is necessary in particular with regard to a uniform degree of subsequent acquisition, the Federal Minister for interior details about the procedure, the extent and the final or preliminary conclusion of after capturing may lay down by regulation. The data collected in the ZSR post are after completion of subsequent entry with the data of the central login register (CRR) in accordance with section 16 of the Registration Act 1991 - MeldeG, Federal Law Gazette No. 9/1992, automatically to match. If necessary, the information to the State nationality are to change.

(17) § 64a para 15 as amended by the Federal Act Federal Law Gazette I. No. 16/2013 effective with April 1, 2013; § 20 paragraph 2 shall enter into force the day following the announcement. The § 41 para 1, 44, 47 para 1, 50, 52 paragraph 3, 53, section VA, 63 c para 2, 64a para 16 and section 66 amended by Federal Law Gazette I no. 16/2013 apply with the exception of § 47 para 4 with November 1, 2013; at the same time connect sections 45, 53 No. 5 lit. a and b and 54 override. § 47 para 4 in the version of Federal Law Gazette I 16/2013 is no. in force on January 1, 2013. From the day following the announcement of this federal law, a test mode can be set up for the ZSR. The data do so used is to delete with real operation."

10. in paragraph 66, subpara 1 lit. c is for 'and' insert the following quote:

", 56b para 1 second sentence".

Article 3

Amendment of the Registration Act of 1991

The Registration Act 1991 - MeldeG, Federal Law Gazette No. 9/1992, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents entries to § 10 and § 16 are b:



"§ 10



Guest directory



Article 16 b



Statistical and scientific surveys"2. In the table of contents, b the following entry is inserted after the entry for section 16:



"section 16c



Change service"3. § 1 section 5 replaced the phrase "The guest sheet (article 10) or the confirmation of main residence" by the phrase "in the guest directory (§ 10) or on the confirmation of main residence".

4. paragraph 5 is omitted § 3.

5. § 4 par. 2 the following sentence is added:

"The cancellation of accommodation that is not their principal domicile, can be done at each login authority. If it is not the competent registration authority, it is active; for this the necessary exchange of data has to be done in the way of the CRR."

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


"(2a) to in accordance with the technical possibilities can perform a logout using the function of citizen card in long-distance traffic in the ways of the CRR. The detailed design of technical operations at making logout using the citizen card functionality and the time of deregistration can be made at, be set by Decree of the Federal Minister of the Interior."

7 the following sentence is added to in section 4, paragraph 3:

"In the case of a cancellation in accordance with par. 2a data corresponding to the registration form are the authority to convey."

8. in section 4, paragraph 4 the following sentence is added:

"In the case of a cancellation in accordance with paragraph 2a the official signature of the operator takes the place of the logon notice."

9 the Section 4a, paragraph 1 the following sentence is added:

"In case of a cancellation in accordance with § 4 paragraph 2a is you are signed out, if the data corresponding to the registration form were the authority."

10 the following sentence is added to the Section 4a, paragraph 2:

"In case of a cancellation in accordance with § 4 para 2a replaces the official signature of the owner of the logon notice."

11 paragraph 5 together with the heading:

"Accommodation in lodging establishments

§ 5 (1) as guest accommodation in a lodging establishment, who himself immediately to login anyway, but within 24 hours after arrival at the lodging establishment. The registration is done as soon as name, date of birth, gender, nationality and place of residence as well as - for foreign guests - the kind, number, date of issue and the issuing authority of the travel document were announced and the disclosure has confirmed the correctness of the data with its signature to the lodging establishment. Once the accommodation is placed, the guest by a corresponding entry in the guest directory is to log off.

(2) Notwithstanding paragraph 1 who in an accommodation facility for more than two months accommodation takes no later than on the third day after the expiry of two months is subject to the reporting obligation pursuant to §§ 3 f.

(3) if at least two guests at the same time take accommodation, whose reporting obligation is satisfied if one of these guests the type, number, date of issue and the issuing authority of the travel documents of his fellow travelers announces its data referred to in paragraph 1 as well as the name, gender, nationality and, in the case of foreign guests - and confirmed the correctness of the data with his or her signature."

12. in article 7, paragraph 3, the quote is "§ 273 ABGB" by the quote "section 268 of the General Civil Code - ABGB, DL No. 946/1811," replaced.

13. in article 7, paragraph 5, the phrase "Entries in the guest leaves" is replaced by "Entries in the guest directory".

14. in article 7, paragraph 6, the phrase "Entries in the guest leaves" is replaced by the phrase "Entries in the guest directory".

15 paragraph 10 together with the heading:

"Guest directory

§ 10 (1) the holder of an accommodation facility or its representative has to do a directory about the guests accommodated him (guest list) showing the data according to § 5 para 1 and 3, as well as the date of arrival and departure. The Federal Minister of the Interior is authorized to determine the detailed provisions concerning the procedure for the insertion of data through regulation in the guest directory, whose form and data security measures.

(2) the records referred to in paragraph 1 shall be kept three years from the date of registration. Access be granted is the registration authority and the organs of the public security service upon request at any time in these records. If automation-supported processing request to hand over written copies of the guest directory or to submit the data in the remote traffic."

16. in article 13, paragraph 2, the phrase "in the last instance" is replaced by the phrase "in second and last instance".

17. in article 14, paragraph 2 the phrase "Request of the competent authority the identity data" by the phrase "Ask the competent authority means the Central Registration register identity data" is replaced and the last sentence is replaced by the following sentence:

"A request with respect to an administrative procedure may just make the requesting authority, if the public interest in the person note outweighs the privacy interest of the person concerned."

18 according to § 14 para 2, the following paragraph 3 shall be inserted:

"(3) the registration authorities are authorised to process the data in the identity including a special hint already has logged on to a hotel without the knowledge of the host, without having actually accommodation if they have already once officially deregistered the parties concerned for this reason a person. The note is a reference to the official the registration procedure and is to delete after five years at the latest. A more official for the same reason, logoff before the deadline all entries will be deleted five years after the last entry."

19. in article 16, paragraph 1, the phrase "sector-specific personal identifier" is replaced by the phrase "APC for use in the private sphere" and respectively the abbreviation "wbPK" by the abbreviation "bPK" replaced.

20. in article 16, paragraph 6 is the last part of the sentence:

"from the carried out registration of this, the applicant informed is to put."

The following paragraph 7 is added to § 21 16:

"(7) the operator has to put data quality assurance measures to support the registration authorities, such as these, in particular on a possible identity of two similar data sets or on the spellings of addresses to point out."

22. in article 16a, paragraph 3, a comma is used after the word "criminal justice" and the phrase "in case of disasters (§ 48a of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999)" added.

23 paragraph 16b together with the heading:

"Statistical and scientific surveys

16. (1) the Federal Minister of the Interior has the Federal Statistics Austria using the area-specific person flag "Official statistics" (bPK-AS) without the names of the persons concerned for the creation of 1 statistics of the population stand the reorder data each stitch when midnight of 31 March, 30 June, 30 September and 31 December and 2. migration statistics the applications processed in the central population register within a calendar quarter including the corresponding registration period of five weeks after the end of the calendar quarter to submit.

(2) the Federal Agency has statistics for Austria to anonymize your PII in accordance with paragraph 1 and statistically to prepare and to provide their individual data from the statistics of the population stand and the migration statistics the countries and communities free of charge.

(3) the data stored in the central register may be transmitted 2000, Federal Law Gazette I no. 163/1999, organs of the Federal statistics or bodies appointed to do this according to state regulations for statistical purposes under the Federal Statistics Act. The data is to convey that they are indirectly personal for the recipient, if the person is not essential for carrying out a statistical survey.

(4) as far as are for the purposes of § § 46 and 47 DSG 2000 to biometrical data from more than one customer, this task is attached to the Federal Minister of the Interior."

24. According to section 16, b is inserted the following section 16 c together with the heading:

"Change service

§ 16c. As far as legitimately a personal data application is run, the Federal Minister of the Interior upon request can be in this respect changes this data against reimbursement available, as the respective encrypted bPK of the changed records are posted. Be bPK to be used in the private sector announced the change is possible by data on a person against reimbursement available. The height of the refunding is to be set by the Federal Minister of the Interior Regulation."

25 paragraph 19 together with the heading:

"Confirmation of registration

Section 19 (1) the registration authority has request to confirm that, since when and where the applicant or a person, for which the reporting requirement hits him, is logged. On request, the confirmation of registration to all previous applications including the corresponding registration has to relate.

(2) be requested confirmations of registration referred to in paragraph 1, contained in the database of the CRR, the registration authority is responsible where the application is made; Confirmations of registration from the local population registers are obtain local registration authority and to provide with this.

(3) registration confirmations are without information on the marital status.

(4) the registration authority has to confirm on the basis of the financial data contained in the local register at the request of people logged on to a hotel that this at the time of the exhibition of the confirmation in a private household (section 2 Z 5 of the register Census Act, Federal Law Gazette I no. 33/2006) (confirmation of private household) are logged on.


(5) for confirmations of registration be granted using the ZMR, administrative charges are payable, the amount of which is set in the regulation to be adopted pursuant to article 16a, paragraph 8."

28 § 22 para 1 sub-para. 5 is: "5. as owner of a lodging company or its representative incompletely filled the guest directory or otherwise violates the provisions of section 10 or".

29. in article 22, paragraph 2, no. 6 is the phrase "or according to § 10 para 2".

29A. in section 22 is inserted after paragraph 2, the following paragraph 2a:

"(2a) who intentionally and causes for a fee that someone else logs on without having actually accommodation at a hotel, commits an administrative offence and be punished up to 1500 euro fine. The attempt is punishable."

29B. § 22 section 3 replaced the quote "1 or 2" by the quote "paragraph 1, 2 or 2a".

30. the section 23 be attached following paras 12 and 13:

"(12) the Federal Minister of the Interior sets the time by regulation, is from a guest list pursuant to section 10 in the version of Federal Law Gazette I to lead No. 16/2013.

(13) the §§ 4 para 2, 7 para of 3, 13 para 2, 14 para. 2 and 3, 16 para 1, 6 and 7, 16a para 3, 16B and 16 c with headings, 19, § 22 para 2a and 3 and the annexes A and C, as well as the contents regarding the entries to the sections 16 (b) and 16 c in the version of Federal Law Gazette I no. 16 / 2013 enter into force with November 1, 2013 , at the same time § 3 par. 5 override. Article 1, para 5, § 5 together with headline, article 7, par. 5 and 6, section 10 together with headline, article 22, paragraph 1 and 2 as well as I no. 16/2013 become the contents concerning the entry to section 10 in the version of Federal Law Gazette with the § 23 paragraph 12 in force, at the same time plant is by fixed time B override. "The §§ 4 para 3 and 4, 4a paragraphs 1 and 2 in the version of Federal Law Gazette I no. 16/2013 become the by § 4 para 2a set date in force."

31 in Appendix A, the word "Civil status" is replaced by the word "Marital status".

32. in Annex A is in the field of marital status (current field status) by the category "divorced" the category "marriage cancelled or declared null and void" inserted and the category of "dissolved registered partnership" by "Registered partnership dissolved or annulled" replaced.

32A. on the back of the system A is the parenthetical expression (such as car registration, legal documents) by the parenthetical expression "(z. B. Kfz-Zulassung) in point 5" replaced.

33. Annex B shall cease to force.

34. in Annex C, the word "Civil status" is replaced by the word "Marital status".

35. in Annex C is the category "divorced" the category "marriage cancelled or declared null and void" inserted, as well as the category "dissolved registered partnership" replaced "Registered partnership dissolved or declared null and void" by the category.

Article 4

Change of the change of name Act

The change of name Act - nails and body, Federal Law Gazette No. 195/1988, amended by the by-laws Federal Law Gazette I no. 37/2012, is amended as follows:

1. the title of § 9 is as follows:

"Submissions"

2. in paragraph 9, the phrase will be replaced "by way of the central civil status register (ZPR) to be"in writing"by the phrase".

The following paragraph 5 is added to § 3. 11:

"(5) of section 9 and heading in the version of Federal Law Gazette I 16/2013 enters no. with November 1, 2013 in force."

Fischer

Faymann