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

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16. Federal Act, by which the Federal Act on the regulation of civil status (civil status law 2013-PStG 2013) is enacted and the citizenship law in 1985, the reporting act in 1991 and the law on the change of name are amended and the law Civil status law is repealed

The National Council has decided:

table of contents

Article 1

Personal Status Law 2013

Article 2

Amendment of the Citizenship Act 1985

Article 3

Amendment of the Reporting Act 1991

Article 4

Amendment of the Name Change Act



Article 1
Federal Law on the regulation of the civil status system (civil status law 2013-PStG 2013)

1. MAIN PIECE
GENERAL PART

Section 1
General

§ 1.

Personal status and status of civil status

§ 2.

Person level data

Section 2
Authority and tasks of the Authority

§ 3.

Authorities and tasks of the authorities

§ 4.

Legal Train

§ 5.

Professional associations

§ 6.

Resolution and Reformation

Section 3
Duties of co-action of courts and other authorities

§ 7.

Courts

§ 8.

Other notification obligations

2. MAIN PIECE
PERSONNEL STATUS

Section 1
Birth

§ 9.

Display of birth

§ 10.

Registration of birth

§ 11.

Contents of the registration-Birth

§ 12.

Registration by the civil status authority

§ 13.

Pre-naming

Section 2
Marriage

§ 14.

Determination of the ability to evolves

§ 15.

Statements and proofs-marriage

§ 16.

Oral proceedings-Marriage

§ 17.

Ehefability certificate

§ 18.

Trauung

§ 19.

Local jurisdiction-marriage

§ 20.

Contents of the registration-marriage

Section 3
Registered partnership

§ 21.

Identification of the ability to establish a registered partnership Reasons

§ 22.

Declarations and proofs-Registered partnership

§ 23.

Oral Proceedings-Registered Partnership

§ 24.

Confirmation of the ability to enter into a registered partnership Reasons

§ 25.

Explanatory statement of the registered partnership

§ 26.

Local jurisdiction-Registered partnership

§ 27.

Contents of the registration-Registered partnership

Section 4
Death and death declarations

§ 28.

Display of death

§ 29.

Registration of death

§ 30.

Contents of the registration-death

§ 31.

Logout by the civil status authority

§ 32.

Contents of the registration with stillbirths

§ 33.

Death Statement

Section 5

§ 34.

Persons of unexplained origin

3. MAIN PIECE
REGISTRATION OF THE CIVIL STATUS REGISTER AND REGISTER OF PERSONS

Section 1
Registration of the civil status case

§ 35.

Obligation to register

§ 36.

Basis of registration

§ 37.

More information

§ 38.

Names

§ 39.

Procedural information

§ 40.

Conclusion of the registration

§ 41.

Amendment and amendment

§ 42.

Corrigendum

Section 2
Register of persons

§ 43.

General

§ 44.

Central civil status register (ZPR)

§ 45.

Local Person Status Register (LPR)

4. MAIN PIECE
USE OF PERSONAL STATUS DATA, PERSONAL STATUS DOCUMENTS AND CONFIRMATIONS

Section 1
Using the data of the ZPR

§ 46.

General

§ 47.

ZPR Query

§ 48.

Available positions in the way of the ZPR

§ 49.

Transfers to courts

§ 50.

Change Service

§ 51.

Statistical surveys

Section 2
Information, civil status documents and arrears

§ 52.

Information

§ 53.

Civil status

§ 54.

Birth certificate

§ 55.

Marriage certificate

§ 56.

Partnership certificate

§ 57.

Certificates of death

§ 58.

Other extracts

5. MAIN PIECE
STORAGE, RE-REGISTRATION, OLD MATRIQUES, OTHER PROVISIONS

Section 1

§ 59.

Retention of files

Section 2
Collection and storage of books

§ 60.

Retention of books

§ 61.

Establishment of the ZPR

Section 3
Old matriks

§ 62.

Retention and propagation

§ 63.

Exhibition of documents

Section 4
Other provisions

§ 64.

Legal information of the country's main manneyman

§ 65.

Recognition of foreign decisions

§ 66.

Name-setting

§ 67.

Power to assess and to be credited

§ 68.

Receipt and registration of declarations

§ 69.

Authenticity of signatures

§ 70.

Language and writing

6. MAIN PIECE
CRIMINAL, TRANSITIONAL AND FINAL PROVISIONS

Section 1

§ 71.

Criminal provisions

Section 2
Transitional and final provisions

§ 72.

Entry into force and transitional provision

§ 73.

Notification obligations of the courts

§ 74.

Name Use

§ 75.

Retaking of the gender name

§ 76.

Notifiable and inter-governmental conventions

§ 77.

Linguistic equality

§ 78.

References

§ 79.

Enforcement

1. MAIN PIECE

GENERAL PART

Section 1

General

Personal status and status of civil status

§ 1. (1) The status of persons within the meaning of this Federal Act is the position of a person within the legal order, including her name, resulting from the characteristics of the family law.

(2) Cases of civil status are given birth, marriage, the establishment of a registered partnership and death.

Person level data

§ 2. (1) Person status data of a person are:

1.

general civil status data (data on persons);

2.

special status data as well as

3.

other status data.

(2) General civil status data are:

1.

names;

2.

Day and place of birth;

3.

Gender;

4.

Marital status (unmarried, married, living in registered partnership, divorced, marriage annulled, marriage annulled, registered partnership dissolved, registered partnership declared void, widowed, surviving registered partnership) partners);

5.

academic degrees and standpoints;

6.

Day and place of death;

7.

Area-specific personal identification marks (bPK-ZP according to § § 9 et seq. of the eGovernment Act-E-GovG, BGBl. I No 10/2004);

8.

Nationality.

(3) Special personal status data for birth are:

1.

the general civil status data of parents;

2.

Date and place of the marriage of the parents.

(4) Special personal status data for marriage are:

1.

the date and place of the marriage;

2.

The reason and date of dissolution and annulment of marriage;

3.

general civil status data of the spouse.

(5) Special status data for the establishment of a registered partnership shall be:

1.

the date and place of the establishment of the registered partnership;

2.

The reason and date of dissolution and annulment of the registered partnership;

3.

general civil status data of the registered partner.

(6) Other personal data are all the information required by a civil authority for proper enforcement.

Section 2

Authority and tasks of the Authority

Authorities and tasks of the authorities

§ 3. (1) The civil status matters governed by this Federal Act, including matricals, are to be provided by the municipalities in the transferred sphere of action, unless otherwise specified in this Federal Act.

(2) The civil status authority is the first instance of the civil status authority, under "Standesbeamter", to understand the institution of the municipality or of the municipal association (Section 5 (1)) which is concerned with the tasks referred to in paragraph 1, or to that of the institution Organ Walters (para. 3).

(3) The institution of the congregation (of the municipal association) is responsible for the tasks referred to in paragraph 1 of a staff member who has the necessary expertise to carry out these tasks and which is required to comply with national law. if it is not self-skilled and tested, it has to be served.

(4) With regard to the procedure for the establishment of a registered partnership, the registration and the issue of the partnership certificate, the district administrative authority shall act as the authority of the first instance of the civil service.

(5) The District Administrative Authority shall be responsible for the tasks referred to in paragraph 4 of a staff member of the District Administrative Authority, who has the necessary expertise to carry out these tasks.

Legal Train

§ 4. A legal remedy is not available against modesty, which the Landeshauptmann is the first instance to adopt.

Professional associations

§ 5. (1) Municipalities may be united to form a municipal association (Standesamtsverband) for the purpose of carrying out the tasks assigned to them in accordance with § 3, if this ensures better management of the administrative transactions. is. The municipalities involved are to be consulted before the regulation is released.

(2) The Regulation shall, in any event, determine:

1.

the congregations of the congregation;

2.

the name of the Registry Office, with reference to its registered office;

3.

the registered office of the Standesamtsverband.

(3) Where municipalities that do not belong to the same administrative district are combined to form a professional association, the Regulation shall determine which district administrative authority shall be responsible for the tasks under this Federal Act.

(4) The date of entry into force of the Regulation shall be the beginning of a calendar year.

(5) A professional association according to paragraph 1 and a citizenship association in accordance with § 47 (1) and (3) of the State Citizenship Act 1985-StbG, BGBl. No. 311, may be conducted within the framework of a co-concluded stand-up and citizenship association. This leads the name "Standesamts-und Staatsbürgerschaftsverband" with reference to its registered office.

Resolution and Reformation

§ 6. By means of a regulation, the Governor of the State may order the dissolution of a professional association or the admission (leaving) of a congregation to a (from a) professional association, if this means a better management of the administrative transactions. is guaranteed. The principles of economy, economy and desirability are to be considered.

Section 3

Duties of co-action of courts and other authorities

Courts

§ 7. (1) In accordance with the technical possibilities, the courts have to transmit to the civil status authority at the place of the court in accordance with the technical possibilities in an electronically processable form:

1.

the identification and recognition of fatherhood to a child;

2.

the determination of the invalidity of a paternity recognition or a decision in accordance with Z 1;

3.

the identification or recognition of motherhood to a child;

4.

the declaration of non-descent from the husband of the mother;

5.

the adoption of a child, the revocation and termination of the child, the recognition of a foreign decision on the acceptance of a child;

6.

the declaration of death and the taking of evidence of the death of a child, its rectification and repeal;

7.

recognition of a foreign decision by which a marriage has been divorced, annulled, annulled or has been established by the existence or non-existence of a marriage or by which a registered partnership is dissolved or has been declared null and void;

8.

a decision by which a marriage has been divorced, annulled, annulled or determined by the existence or non-existence of a marriage;

9.

a decision by which a registered partnership has been annulled or annulled, or the existence or non-existence of a registered partnership has been established.

(2) Oborder decisions shall be transmitted in electronic form to the public authority at the place of registration of the birth, in accordance with the technical possibilities.

(3) In accordance with the technical possibilities, courts may fulfil their obligation under Section 92 of the Ordination of the Federal Ministry of Justice of 9 May 1951, thereby bringing the Rules of Procedure for the courts I and II. Instance (Geo.) is partially changed and re-announced, BGBl. No 264/1951, to submit information to the Federal Statistical Office of Austria, by means of the Central Personnel Status Register (ZPR). Data will be disclosed exclusively for onward transmission in encrypted form.

Other notification obligations

§ 8. (1) Administrative authorities and courts shall have operations which require registration under this Federal Act, the competent authority of the competent authority according to their registered office, in accordance with the technical possibilities in electronically processable To communicate the form by long-distance data.

(2) Administrative authorities and courts shall have doubts as to the accuracy of a civil status document or of the registration of the competent authority in accordance with the technical possibilities in an electronically processable form.

2. MAIN PIECE

PERSONNEL STATUS

Section 1

Birth

Display of birth

§ 9. (1) At the latest one week after birth, the birth shall be displayed in long-distance data transmission by transmission to a service (working memory) designated by the operator of the ZPR. If the technical conditions do not exist, the display shall be sent to the civil status authority at the place of birth.

(2) The display of the birth shall be the responsibility of the series:

1.

the head of the hospital in which the child was born;

2.

the doctor or midwife who was present at birth;

3.

the father or the mother, if they do so within the display period (para. 1) are capable of;

4.

the authority or the security service carrying out an investigation into the birth;

5.

other persons who are aware of the birth on the basis of their own perception.

(3) The ad has to contain all the information required for entries (§ 11).

(4) In accordance with the technical possibilities, advertisements can also be carried out by means of remote data traffic using the Citizen Card function (§ § 4 ff E-GovG). The more detailed design of the technical processes on the assumption of the display using the citizen card function and the time at which this display can be made will be determined by the regulation of the Federal Minister for the Interior .

(5) According to the technical possibilities, the Federal Institute of Statistics Austria can provide data which are subject to the provisions of Section 8 (1) of the Hebammengesetz-HebG, BGBl. No 310/1994, which is to be disclosed exclusively for the onward transmission of the civil status authority, shall be transmitted in encrypted form by way of the ZPR. The heads of the hospitals pursuant to Section 2 (1) (1) shall transmit these data to the Federal Institute in this way if the technical conditions for this are available.

(6) The technical conditions for this shall not be met and the announcement shall not be made in electronically processed form, the indication in accordance with paragraph 1 must also be transmitted in paper form.

Registration of birth

§ 10. (1) The registration shall be carried out at the local authority at the place of birth.

(2) The place of birth of an infused person cannot be determined, the place of birth shall be deemed to be the place of birth.

(3) The place of birth of a person born in a mode of transport shall not be determined, the place of birth shall be the place where the person is taken from the means of transport.

Contents of the registration-Birth

§ 11. (1) In addition to the general and special status of the child's status, the following shall be entered:

1.

the date of birth of the child;

2.

the place of residence of the parents and, where appropriate, information pursuant to section 37 (2), second sentence;

3.

information that is also relevant for the pre-naming process, and

4.

the general civil status data of the German Civil Code pursuant to § 67 (1) (1) (1) (1) or (1) of the General Civil Code (ABGB), JGS No. 946/1811.

(2) Furthermore, changes in the child's status or the nationality of the child and, if the name of the child changes, changes in the name of a parent are to be presented.

(3) The legal effects of the operation on the status of the person and, if necessary, the date of the entry of the legal effects must be the result of the change registration.

(4) In so far as the profession of religion is also announced, the civil status authorities shall process this in accordance with paragraph 1.

(5) Insofar as a court order is notified by a court (§ 7 para. 2) or a declaration of custody is assessed by the civil status authority (§ 67 para. 5), the civil status authorities have to process this in accordance with paragraph 1.

Registration by the civil status authority

§ 12. Instead of a registration according to § 3 paragraph 1 of the Reporting Act 1991-Reporting G, BGBl. No. 9/1992, may be registered on the occasion of the registration of a birth according to § 10, following a completely filled-out registration of the child, by means of the civil status authority and already prior to the receipt of the accommodation. In this case, the civil status authority has to leave the reporting data to the Federal Minister of the Interior in the way of a change access to the Central Reporting Register (ZMR-§ 16 Reporting G) for the registration authority responsible for the domicical residence. § 3 (4) and Section 4a of the Reporting Act shall apply mutatily, whereby the official stamp and signature of the registi s official shall be replaced by the place of the registration notice.

Pre-naming

§ 13. (1) Prior to the registration of the first names of the child, the persons entitled to do so shall declare in writing which first names they have given to the child. If the first names are to be given by common accord of the parents, the declaration of a parent is sufficient if it is insured that the other parent agrees with it.

(2) In the case of children of the categories of persons referred to in § 35 (2), at least the first first name shall not object to the sex of the child; names which are not commonly used as first names or are detrimental to the best interests of the child shall not be allowed to: are entered.

(3) The declarations of a number of persons entitled to prename do not agree or have not been made a declaration within 40 days from the date of birth of the civil status authority which makes the registration, the To inform the local authority before registration of the first names. The same shall apply if no first names or those are given which, in the opinion of the civil authority, cannot be registered as contrary to paragraph 2.

Section 2

Marriage

Determination of the ability to evolves

§ 14. Prior to the marriage, the civil status authority must determine the merits of the fiancée on the basis of the documents submitted at an oral hearing; this shall include a record.

Statements and proofs-marriage

§ 15. (1) The fiancée shall make statements on the edibility and, where appropriate, existing common children. Furthermore, documents and other documents required for the assessment of the Eacity and for entries are to be submitted.

(2) The submission of documents may be disbursed if the fiancée can make it credible that they are unable to obtain the documents, or can obtain them only with considerable difficulties, and that the information necessary for the submission of documents is available on the basis of can be determined in a different way.

Oral proceedings-Marriage

§ 16. (1) At the oral proceedings, both fiancée must be present.

(2) If an engagement cannot be attributed to the appearance of the oral proceedings and the emapacity of the fiancée may also be determined in his absence, the oral proceedings shall be carried out without him.

(3) Meeting the conditions of paragraph 2 on both fiancée, the oral proceedings have to be dispensed with.

(4) In the cases referred to in paragraphs 2 and 3, the fiancée concerned shall make a written statement in writing of the declarations required for the determination of the edibility and the entries concerning the edibility and, where appropriate, common children who have been present.

Ehefability certificate

§ 17. (1) The civil status authority has to issue a certificate of attachment to a person referred to in § 35 (2). In advance, the applicant's ability to empress is to be determined in the same way as for the entry of the marriage domestiy.

(2) In the Certificate of Ehefty, it is to be cerned that the fiancée mentioned therein can close the marriage.

(3) The certificate of inability shall be valid for six months from the date of the exhibition.

(4) If there is no marriage in a procedure for marriage within six months of the determination of the marriage, the procedure shall cease without further processing. The same applies if an engaged person requests a marriage with another partner or a partnership advertiser for the establishment of a registered partnership with another person.

Trauung

§ 18. (1) The civil status authority shall carry out the wedding ceremony in a form and in a place corresponding to the meaning of marriage.

(2) In the presence of two witnesses, the registry officer has to ask the fiancée individually and one after the other whether they want to enter into marriage with each other, and, after affirming the question, to say that they are legally connected married couples.

(3) The marriage can be carried out without or with only one witness, if both fiancée explain this.

(4) In the presence of the fiancée and at best the witness (of the witness), the statement shall be recorded by the spouses, at best the witness (the witness), an interpreter who may have been granted, and the civil service officer. is signed.

(5) The minutes shall include:

1.

the surnames and first names of the fiancée, their place of residence, the day and the place of their birth;

2.

the declaration of matrimony;

3.

the day and place of the marriage;

4.

Family or surname, as well as first names of the witnesses (of the witness) and interpreters, if they are joined.

Local competence- Marriage

§ 19. (1) Both the determination of the marriage capacity and the marriage can be carried out with each civil status authority in the Federal territory.

(2) Where different civil status authorities are involved in the determination of the marriage and marriage, the civil status authority before which the marriage is concluded shall only once again have the mercy of the fiancée in the case of justified doubts. shall be examined.

Contents of the registration- Marriage

§ 20. (1) In addition to the general and special civil status data, the following shall be entered:

1.

the place of residence of the fiancée;

2.

the declaration of matrimony;

3.

the family name or surname and the first names of the witnesses, if attached;

4.

the statements of the fiancée on his own name and the name of the children coming from the marriage and other determinations of the name;

5.

the general civil status data of the parents of the marriages;

6.

the last previous and subsequent marriages and registered partnerships, and

7.

Information on § § 1 and 3 of the marriage law, dRGBl. I S 807/1938.

(2) The registration of the marriage shall also be subject to an entry in accordance with section 20 (2).

(3) In addition, changes in the status of persons or of nationality, as well as changes in the family or surname of a fiancé, shall be presented. After the registration of the dissolution or nullity of the marriage, changes are to be made only by means of name-related transactions in connection with marriage, the dissolution of the marriage or annulment.

(4) The legal effects of the operation on the status of the person and, if necessary, the date of the entry of the legal effects must be the result of the change registration.

(5) As far as the fiancée is aware of a religious commitment, the civil status authorities shall process this in accordance with paragraph 1.

Section 3

Registered partnership

Identification of the ability to establish a registered partnership

§ 21. Prior to the establishment of a registered partnership, the civil service authority shall, on the basis of the documents submitted, determine the ability of the partnership advertiser to establish it at an oral hearing; the said means shall be: Record.

Declarations and proofs-Registered partnership

§ 22. (1) The partnership advertisers shall have the declarations of the ability to establish a registered partnership and shall submit the documents and other documents necessary for the assessment of the ability, a registered partnership, a To establish a partnership, and to be required for entries.

(2) The submission of documents may be waiver if the partnership advertisers make it credible that they are unable to obtain the documents, or can only obtain them with significant difficulties, and the ability to enter into a registered partnership , and the information required for entries can be identified in other ways.

Oral Proceedings-Registered Partnership

§ 23. (1) At the hearing, both partnership advertisers must be present.

(2) If a partnership advertiser is unable to make the appearance of the oral proceedings and the ability of the partnership advertiser to establish a registered partnership can also be determined in his absence, the oral question shall be: Negotiation without carrying it out.

(3) Meeting the conditions set out in paragraph 2 on both partnership advertisers has to do with oral proceedings.

(4) In the cases referred to in paragraphs 2 and 3, the partnership advertiser concerned shall make a written declaration of the declarations required for the determination of the ability to establish a registered partnership and the declarations required for the entries.

Confirmation of the ability to establish a registered partnership

§ 24. (1) The district administrative authority shall, on request, issue an acknowledgement of the ability to establish a registered partnership to a person referred to in section 35 (2). First, the applicant's ability to establish a registered partnership is to be determined in the same way as for the purposes of establishing a registered partnership within the country.

(2) In the affirmation of the ability to establish a registered partnership, it is necessary to certify that the partnership advertisers referred to therein may establish the registered partnership.

(3) The confirmation of the ability to establish a registered partnership shall be valid for a period of six months, calculated from the date of the exhibition.

Explanatory statement of the registered partnership

§ 25. (1) The official of the district managing authority shall, in the presence of the two partnership advertisers, record in the offices of the district managing authority a record of the reasons for the registered partnership, which shall be submitted by the It is necessary to sign a partnership, an interpreter and an official who may be assigned to it. Thus, the registered partnership is deemed to be well founded.

(2) The minutes shall include:

1.

the surnames and first names of the partnership advertisers, their place of residence, the day and the place of their birth;

2.

the consent of the two partnership advertisers to the establishment of the registered partnership;

3.

the date and place of the establishment of the registered partnership;

4.

Family names or surnames and first names of interpreters, if they are attached.

Local jurisdiction-Registered partnership

§ 26. (1) Both the determination of the ability to establish a registered partnership as well as the establishment of the registered partnership can be carried out with each district administration authority in the Federal territory.

(2) Where the identification of the ability to establish a registered partnership and the establishment of the registered partnership shall be carried out by different district administrative authorities, the District Administrative Authority shall, before which the a registered partnership, the ability to establish a registered partnership should be re-examined only if there are justifiable doubts.

Contents of the registration-Registered partnership

§ 27. (1) In addition to the general and special civil status data, the following shall be entered:

1.

the place of residence of the partnership advertisers;

2.

the general civil status data of the parents of the partnership advertisers;

3.

The Previous and first later marriages and registered partnerships, as well as

4.

Information According to § 4 (2) and (3) of the registered partnership-Law-EPG, BGBl. No 135/2009.

(2) In addition, changes in the status of persons or nationality and changes in the family or surname of a partnership agent shall be presented. After the registration of the dissolution or annulment of the registered partnership, changes are only made in connection with the name-law procedures in accordance with § 2 paragraph 1 Z 7a of the Name Change Act-NÄG, BGBl. No 195/1988.

(3) The legal effects of the operation on the status of the person and, if necessary, the date of the entry of the legal effects must be the result of the change registration.

(4) As far as the partnership advertisers are aware of a religious commitment, the civil status authorities shall process this in accordance with paragraph 1.

Section 4

Death and death declarations

Display of death

§ 28. (1) The display of death shall be effected at the latest on the following working day in the long-distance data traffic by transmission to a service (working memory) designated by the operator of the ZPR. If the technical conditions do not exist, the display shall be sent to the civil status authority at the place of death.

(2) The display of death shall be the responsibility of the series:

1.

the head of the hospital in which the person has died;

2.

the doctor who made the tote complaint;

3.

the authority or the security service carrying out the investigation into the death;

4.

the spouses or other family members or the registered partner;

5.

the last source of information;

6.

other persons who are aware of death on the basis of their own perceptions.

(3) The display shall contain, if possible, all the information required for entries.

(4) In accordance with the technical possibilities, advertisements can also be carried out by means of remote data traffic using the Citizen Card function (§ § 4 ff E-GovG). The more detailed design of the technical processes on the assumption of the display using the citizen card function and the time at which this display can be made will be determined by the regulation of the Federal Minister for the Interior .

(5) In the light of technical possibilities, the Federal Institute of Statistics Austria can provide data on the cause of death, the acceptance of an autopsy, and information on maternal mortality, which are disclosed exclusively for further transmission, in the Routes of the ZPR are transmitted in encrypted form. The heads of the hospitals pursuant to Section 2 (1) (1) shall transmit these data to the Federal Institute in this way if the technical conditions for this are available.

(6) The technical conditions for this shall not be met and the announcement shall not be made in electronically processed form, the indication in accordance with paragraph 1 must also be transmitted in paper form.

Registration of death

§ 29. (1) The registration of the death penalty, including the stillbirth, shall be carried out by that person's authority where the registration is first sought. If no registration has been requested within 14 days from the date of death, the civil status authority shall be responsible at the place of death.

(2) The place of death of an infused person cannot be determined, the place of discovery shall be deemed to be the place of death.

(3) The place of death of a person who has died in a means of transport cannot be determined, the place of death shall be the place where the person is taken from the means of transport.

Contents of the registration-death

§ 30. In addition to the general civil status data, the following shall be entered:

1.

the last place of residence;

2.

the date and place of death;

3.

where appropriate, information pursuant to section 37 (2), second sentence;

4.

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

5.

the last well-established registered partnership and the general civil status data of the registered partner, if the deceased lived in a registered partnership at the time of death;

6.

in the case of death declarations, the court, the date and the file number of the decision, and

7.

the profession of religion, to the extent that this is announced.

Logout by the civil status authority

§ 31. Civil status authorities shall have a deceased person, if they have not already been registered, in connection with the notification or registration of the death of the person responsible for reporting the death of the person. In this case, the civil status authority for the relevant reporting authority has to leave the reporting data to the Federal Minister for Home Affairs in the way of a change access to the ZMR.

Contents of the registration with stillbirths

§ 32. (1) If a child has been born dead, the child shall be entered beyond the general civil status data:

1.

the names, if any, provided by the parents and known to them;

2.

the family or surname of the parents;

3.

the first names of the parents as well as

4.

the place of residence of the parents.

(2) The first name and the family or surname of the man who has recognised fatherhood to the child prior to his birth or who is in demand for registration as a father after the birth of the child shall also be admitted if the mother is within 14 days after that birth. does not raise any objection, as well as the first and family names of the man who, with the consent of the mother, desires to be registered as a father.

Death Statement

§ 33. The Court of First Instance shall forward any decision on the proof of death or the declaration of death of the civil authority at the seat of the court, in accordance with the technical possibilities in an electronically processable form.

Section 5

Persons of unexplained origin

§ 34. (1) Where the civil status authority is unable to determine the origin of a person who has his or her habitual residence in his/her official area, it shall have the probable age and sex of the person and the other results of its investigation. to inform the Governor of the State.

(2) As soon as the proceedings according to § 66 have been completed, the Landeshauptmann has to indicate to the participating passenger authority by way of the ZPR:

1.

the surname and the first name;

2.

the day and place of birth, as well as

3.

gender.

(3) The indication referred to in paragraph 2 shall indicate the date of birth, which shall be determined by the governor for the purposes of registration. If the place of birth is not known, the place of birth shall be the municipality in which the authority of the civil service is situated.

3. MAIN PIECE

REGISTRATION OF THE CIVIL STATUS REGISTER AND REGISTER OF PERSONS

Section 1

Registration of the civil status case

Obligation to register

§ 35. (1) Any personal status of persons entered in the country, as well as amendments, additions and corrections of the status of persons shall be entered.

(2) A case of civil status entered abroad shall be entered in cases where the case of civil status is concerned:

1.

an Austrian citizen;

2.

a stateless person or a person of unsettled nationality if they have their habitual residence at home;

3.

a refugee within the meaning of the Convention on the Status of Refugees, BGBl. No 55/1955, and the Protocol on the Status of Refugees, BGBl. No 78/1974, if he is domicated, in the absence of his/her habitual residence within the country.

(3) If a change occurs abroad according to this Federal Act of processed general civil status data, in respect of minors the legal representative, otherwise the person concerned shall inform the civil status authority.

(4) In the case of births and deaths on the high seas on a seagoing ship entitled to fly the flag of the Republic of Austria, paragraph 2 shall apply; the restriction to the persons referred to in this paragraph shall not apply.

(5) The civil status cases referred to in subsections (2) and (4) shall be entered by that authority in which they have been disclosed. In the cases referred to in paragraph 3, the civil status authority shall enter the domestic place of residence of the person obliged to inform the information in accordance with paragraph 3. In the absence of such a registration, the registration shall be carried out by the civil status authority at the place of the last civil status case. If it is not possible to tie in to such a person, the municipality of Vienna has to register.

(6) On the occasion of the registration of the birth, the civil status authorities may make the registration of the citizenship of the children in the Central Citizenship Register (ZSR) in accordance with § 56a StbG. In this case, they are also empowered to issue certificates of citizenship to those authorities.

Basis of registration

§ 36. (1) The entries shall be made on the grounds of advertisements, applications, declarations, communications and ex officiations. These documents shall be kept by that authority which carries out the act of office.

(2) Prior to registration, the relevant facts shall be determined by the Office of the Office. If this is not possible in the course of the ZPR, personal standing certificates and other suitable documents are to be used for this purpose. Applications which do not take place on the basis of suitable documents shall be marked accordingly.

(3) Entries in foreign countries shall be carried out without further proceedings if the underlying foreign documents do not give rise to any doubts as to their accuracy and not as a basis for the claims. The exhibition of an Austrian certificate is to be used.

(4) If the person concerned has a legal interest in the issuing of Austrian documents, paragraph 2 shall apply.

(5) Persons who have evidence or may provide information necessary for registration shall be required, upon request, to provide such evidence or to provide the information requested.

(6) Where the birth or death of a person has not been indicated by the head of a hospital, the status of a person may be registered only if a certificate of birth issued by a doctor or a midwife (a medical certificate) is not required. (death) is present or the birth (death) is not dubious due to other circumstances. In order to issue the birth certificate, the doctor or midwife who has provided assistance during or after the birth is obliged to issue the death confirmation of the doctor who made the death certificate. In so far as the doctor or midwife is not self-notifiable according to § 9 or § 28, they have to hand over the confirmation to the person who is subject to the notification. If this is not known to the doctor or midwife, they shall forward the confirmation of the civil status authority which has to enter the birth or death.

More information

§ 37. (1) The person and the event relevant to the registration shall be clearly identified by further details.

(2) In any case, the person must be determined by family name or surname and first name. A double name pursuant to section 93 (2) of the German Civil Code (ABGB) is to be found if there is an obligation to take the lead. Furthermore, it is to be found which name as a joint surname or as the same surname (§ 2 paragraph 1 Z 7a of the Name Change Act) NÄG, BGBl. No. 195/1988). Academic degrees, as well as stand designations, shall be entered upon request if such a claim exists in accordance with domestic legislation.

(3) The event shall be determined by the indication of the time and place.

Names

§ 38. (1) Names must be taken over by letters and letters from the document used for the registration and other documents. If other than Latin characters have been used in the document, the rules for transliteration must be observed.

(2) If names due to foreign legislation are not separated into family and first names, names must be entered as both family and first names. In addition, name additions may also be registered as other names.

(3) In order to determine the family name acquired by descent, unless the person to which the registration relates is requested otherwise, only the documents of the person from which the family name is directly derived are to be used.

(4) Where the surname or surname of a person or person from which the surname is derived or for the first name of a person has become a spelling deviating from the rightful surname, it shall be based on the Application of the surname, surname or first name to be entered in the customary spelling. The request shall be subject to the consent of the spouse, if the spouse has the same surname.

(5) The registration of the name in accordance with paragraph 4 shall apply to all other registrations of the same person. The same shall apply to the spelling of the family name of the spouse who has agreed to the application referred to in paragraph 4, and the child under age at the time when it derides his surname from the applicant.

Procedural information

§ 39. The procedure for proceedings is based on the procedure leading to a case of civil status and does not constitute evidence within the meaning of Section 292 (1) of the Code of Civil Procedure-ZPO, RGBl. 113/1895.

Conclusion of the registration

§ 40. (1) The registration shall be carried out without any unnecessary delay. If a full registration is not possible within a reasonable period, it shall be incomplete.

(2) The registration shall be concluded by the release in the ZPR.

(3) The registration for the general and special civil status data is based on full proof within the meaning of § 292 para. 1 ZPO, insofar as it is not the nationality.

Amendment and amendment

§ 41. (1) The civil status authority shall amend a registration if it has become inaccurate after registration.

(2) The civil status authority shall be accompanied by incomplete registration as soon as the full facts of the facts have been determined.

Corrigendum

§ 42. (1) An entry shall be corrected if it has already been incorrect at the time of registration.

(2) The correction shall be carried out by the authority responsible for the registration of persons who have entered the wrong registration.

(3) The correction may be made on request or in accordance with the legal hearing of its own motion.

(4) Open-art typographical errors can also be corrected by any civil status authority without the involvement of the person concerned.

(5) Jedwede correction shall be communicated to the person concerned.

Section 2

Register of persons

General

§ 43. (1) The civil status authorities may use personal data only where this is necessary for the performance of the tasks entrusted to them and is not disproportionate.

(2) The authorities are empowered to use automation-supported data processing in the case of proceedings which they have to conduct under this Federal Act.

Central civil status register (ZPR)

§ 44. (1) The civil status authorities are empowered to provide general and special status data in an information composite system (§ 4 Z 13 of the Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999) (Central civil status register-ZPR).

(2) The central register of persons shall be a public register in that the date and place of death of a person may be interrogated if the person requesting the person by the name and at least one other characteristic with regard to all in the ZPR can clearly determine the total records processed. If a bPK is indicated for use in the private sector to identify the person concerned, the requesting party must also make available its own number of numbers for the purpose of checking the correctness of the bPK. The costs to be paid for the query shall be determined by the Federal Minister of the Interior in agreement with the Federal Minister of Finance by Regulation.

(3) Data protection authorities of the ZPR are the civil status authorities. The Federal Minister of the Interior shall exercise the function of the operator in accordance with § 50 DSG 2000 as well as that of a service provider within the meaning of § 4 Z 5 DSG 2000 for this data application. In this function, he has to set data quality assurance measures, such as in particular indications of a possible identity of two similar data sets or the spelling of addresses.

(4) An arrangement for the participation of the other local authorities in the extent of the expected use by the other local authorities shall be permitted.

Local Person Status Register (LPR)

§ 45. (1) The civil status authorities may process civil status data in order to carry out the tasks assigned to them in a local register of persons, which is conducted within the framework of the ZPR.

(2) The transmission of other personal status data to other civil status authorities is permissible only on the basis of an express statutory regulation.

(3) The religious profession of a person may only be disclosed:

1.

the legally recognised church or religious society or registered religious confessional community, to which the person concerned has become aware, and

2.

Authorities in connection with the enforcement of the law of 25 May 1868, which regulates the interconfessional relations of the citizens in the relations specified therein, RGBl. No. 49/1868, idF. dRGBl. I S 384/1939.

In addition, the religious profession may only be used for statistical purposes in accordance with the Federal Statistics Act 2000, BGBl. I No 163/1999, to the institutions of the Federal Statistical Office or to bodies appointed in accordance with national law. The data shall be transmitted in such a way that they are only indirectly related to the person for the recipient.

4. MAIN PIECE

USE OF PERSONAL STATUS DATA, PERSONAL STATUS DOCUMENTS AND CONFIRMATIONS

Section 1

Using the data of the ZPR

General

§ 46. (1) The civil status authorities shall be entitled to use the data processed in the ZPR and to provide information therefrom.

(2) The Federal Minister of the Interior shall continue to process the personal status data made available to him and to provide for their eligibility from the entire quantity of stored data by the name of the registered data.

(3) For the purposes of proper guidance of the data, the eligibility of the data can also be made according to other criteria. In addition, for the purposes of security police and criminal justice, or, as provided by law, eligibility from the total quantity of all data processed in the ZPR may also be used in accordance with criteria other than those referred to in paragraph 2 (link request).

(4) Personal status data processed in the ZPR shall be deleted 120 years after the registered death date of the person concerned. After that, they are to be handed over to the Austrian State Archives.

ZPR Query

§ 47. (1) The persons (§ 2 (2)) shall, in so far as they are required to carry out a legally mandated task, be made available to any authority by long-distance data, if they are to have the data subject to the name and, if at all, to a another characteristic can be determined. Institutions of the Federal Government, the Länder and the municipalities, as well as the social security institutions and the legal advocacy groups, have to use the relevant data of the person in a procedure, taking into account the third paragraph.

(2) In addition to the cases referred to in paragraph 1, the courts, court commissioners within the meaning of the Court of Justice Act (GKG), BGBl may. No 343/1970, bodies of public law and public authorities, at the request of which a query in the ZPR shall be opened in such a way that, in so far as this is necessary in order to carry out a task entrusted to them by law, they shall Personal data (§ 2 para. 1 Z 2) of certain persons in remote data traffic can be determined.

(3) In the event of a query, any doubt as to the accuracy of the data processed in the ZPR shall be subject to any obligation pursuant to para. 1 and 2 of the interrogators to inform the civil authority immediately in the course of the ZPR.

(4) For queries from the ZPR, the query shall ensure that:

1.

it shall be explicitly determined in its area of the conditions under which a query may be carried out,

2.

to be informed of their obligations under data protection rules,

3.

appropriate rules on the rights of the interrogator and the protection against the inspection and use of the personal data by unauthorised persons,

4.

take measures against unauthorised queries by means of technical or programme-controlled arrangements,

5.

Records in order to ensure that the actual use of such operations with a view to their admissibility can be traced to the necessary extent,

6.

measures to protect against unauthorised access to premises, from which queries can be carried out, and

7.

a documentation of the measures taken in accordance with Z 1 to 6 will be carried out.

Available positions in the way of the ZPR

§ 48. (1) The following data shall be made available to the Youth Welfare Carriers:

1.

birth;

2.

Death;

3.

recognition of fatherhood or motherhood to an underage child;

4.

by the municipality of Vienna the recognition of fatherhood (§ § 145 and § 147 ABGB) to an underage child, whose birth is not registered in the ZPR;

5.

Determination of non-lineage from the mother's husband;

6.

registration in accordance with section 38 (3) or (4) where registration is subject to a minor;

(2) The following data shall be made available to the Main Association of Austrian Social Security Institutions and the Federal Minister for Finance:

1.

birth;

2.

Marriage;

3.

the establishment of a registered partnership;

4.

Death;

5.

Total birth;

6.

recognition of fatherhood or motherhood to an underage child;

7.

Determination of non-lineage from the mother's husband;

8.

the adoption of a child;

9.

a change in the family or surname of a person as an effect of an operation in accordance with Z 7 to 10;

10.

Annulment of marriage and the determination of the non-existence of marriage;

11.

the annulment of the registered partnership and the determination of the non-existence of the registered partnership;

12.

Dissolution of the marriage (death, divorce and annulment);

13.

Dissolution of the registered partnership (death, dissolution);

14.

Recovery of a (of) previous family name.

(3) Data in accordance with paragraph 2 are available to the Labour Market Service insofar as they are based on a claimer under the unemployment insurance law 1977-AlVG, BGBl. No. 609, or the Foreigners Employment Act-AuslBG, BGBl. No 218/1975.

(4) The State Police Directorates are data on all changes of names of persons, the 14. They must be made available, as well as to the death of a person.

(5) The data relating to the death of a person, the 15 Member State, shall be the driving licence authorities. Year of life has been completed.

(6) The voter's evidency is the recovery of a former family or surname if the person whose family or surname has changed is an Austrian citizen or a non-Austrian citizen of the Union and the 14. Life year has been completed.

(7) The data relating to the death of a person shall be made available to the passport authorities.

(8) The following data shall be made available to the military commandees:

1.

Marriage, if the man is an Austrian citizen, the year in which he is the 65. It has not yet expired, and its family or surname has changed;

2.

Death, if the deceased man was an Austrian citizen, the 17. year, and the year in which he/she has finished the 51. Year of age, has not yet expired;

3.

Change of the family or surname of a person as an effect of an operation according to paragraph 2 Z 7 to 10, if the man is an Austrian citizen, the 17. Year of life, and the year in which he has finished 65. Year of age, has not yet expired;

4.

Retake of a former family or surname, if the person whose family or surname has changed is male and Austrian citizen, the 17. year, and the year in which it is 65 years old. Year of age, has not yet expired;

5.

an entry in accordance with section 38 (4), if the applicant, the spouse or the minor child of the male sex and the Austrian citizen is 17. Year of life, and the year in which he has finished 65. Year of age, has not yet expired.

(9) Den with the implementation of the Asylum Act 2005, BGBl. I n ° 100/2005, the 2005 Tourist Police Act, BGBl. I No 100/2005, and the Law on the Residence and Residence Act, BGBl. I n ° 100/2005 authorities are the data for the determination of the ability to establish a marriage or a registered partnership in cases where at least one of the fiancée or the partnership advertiser is a member of the Third-country nationals.

(10) In the cases referred to in paragraphs 1 to 9 above, transfers shall be permitted only if this constitutes an essential condition for the exercise of tasks carried out by law. In addition, transfers are only permitted if there is an express statutory authorisation for this.

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

(12) A change of data pursuant to § 2 para. 2 in the ZPR shall be made available and updated with the exception of the death date to the ZMR. If no data record is available in the ZMR, an update must be made in the supplementary register of natural persons.

(13) The data provided for in paragraphs 1 to 11 shall only be provided if and as soon as this is necessary for the respective body for the performance of a legal task; it shall be periodically carried out electronically in appropriate form.

Transfers to courts

§ 49. The data on the death of a person shall be made available to those courts which are seized on the basis of laws relating to abandonance of the law.

Change Service

§ 50. In addition to the information provided in § 48 of the information provided by the Federal Minister of the Interior, the Federal Minister of the Interior may, as far as is reasonably possible, to apply a personal data application to the changes in these data to the extent that he or she is responsible for the cost of the data. Make available when the respective encrypted bPK of the changed records are announced. If bPK is announced for use in the private sphere, the change of data may be made available to a person's death against cost replacement. § 48 shall remain unaffected.

Statistical surveys

§ 51. (1) The civil status authority has the Bundesanstalt Statistik Austria (Bundesanstalt Statistik Österreich) using the encrypted area-specific user identifier "Official Statistics" (bPK-AS)

1.

without the names of the persons concerned, for the compilation of statistics on births, marriages and revelations of marriages, as well as the justifications and resolutions of registered partnerships, and

2.

with the names of the persons concerned for the compilation of statistics on deaths and causes of death

to

To be made available.

(2) The Federal Statistical Office of Statistics Austria has, on the basis of the data to be communicated by the civil status authorities in accordance with paragraph 1, supplemented by information on the highest completed training of the person by using data of the Education standard register according to § 10 of the Education Documentation Act, BGBl. I n ° 12/2002, statistics on births, marriages, justifications for registered partnerships and deaths, and the countries and municipalities in these statistics, in anonymized form, to be made available free of charge.

Section 2

Information, civil status documents and arrears

Information

§ 52. (1) Insofar as there is no overriding interest in the interests of the persons to which the registration relates, the right to information on personal status data and documents which form the basis of the registration and subsequent registration shall be subject to the right of protection. Changes as well as the determination of the ability to work and the ability to establish a registered partnership, as well as on the issuance of civil status documents and transcripts to:

1.

persons covered by the registration and any other person whose status is affected by the registration;

2.

People who make a legitimate interest in it.

(2) The rights arising from paragraph 1 (1) (1) and (2) are in the case of § 88 of the Aliens Act-External StrG, BGBl. I n ° 111/2003, or any other incognite adoption on the electoral elders and the electoral child, which is the 14. Life year has been completed.

(3) The civil status authority shall, on request, submit weekly lists of cases of personal status assessed. Births may be entered in the directories only with the express written consent of the legal representative of the child, marriages with the two spouses, justifications of registered partnerships with the two registered partners be included. The information in the directories shall be limited to the date and place of the event, as well as to the family or surname, the first names and the congregation.

(4) To the extent that data from more than one client are to be provided for the purposes of § § 46 and 47 of the German Data Protection Act (DSG 2000), these shall come to the Federal Minister for Home Affairs as a service provider.

(5) Restrictions on the right to inspect, arising from paragraph 1, shall be deemed to have been repealed after the expiry of the following periods:

1.

100 years since the registration of the birth or

2.

75 years since the registration of the marriage or registration of the establishment of the registered partnership

provided that the registration does not affect a living person, or

3.

30 years since the registration of death.

Civil status

§ 53. (1) Passenger status customers are excerpts from the ZPR. Insofar as no protection worthy of protection is contrary and in the following provisions nothing else is determined, these give the essential current content of the registration again.

(2) On request, a civil status certificate may be issued with the declaration of religion, provided that it has been disclosed for the relevant registration; such documents can only be requested from the person's authority which the Registration has been made.

(3) The civil status authorities shall issue:

1.

birth certificates;

2.

Marriage certificates;

3.

partnership certificates;

4.

Certificates of death.

(4) In foreign countries, civil status customers can also be issued by the Austrian representative authorities. For this purpose, they are empowered to determine the required level of personal data.

(5) On request, civil status customers must be issued with certain formal design features, the appearance of which is to be determined by the regulation of the Federal Minister of the Interior.

(6) On request, partnership documents are to be certified by the Landeshauptmann, all other civil status documents from the district administration authority and the provincial governor. Legislation on any further certifications shall remain unaffected.

(7) The Federal Minister for the Interior is authorized to provide that the authenticity of the documents issued from the ZPR can be verified with the aid of a code. Apart from the cases referred to in paragraph 5 above, the document shall be accompanied by the official signature of the operator of the ZPR.

Birth certificate

§ 54. (1) The birth certificate shall contain:

1.

the name of the child;

2.

the sex of the child;

3.

the date and place of birth of the child;

4.

the names of the parents;

5.

the date of the exhibition;

6.

the name of the registry officer.

(2) A birth certificate shall be issued upon request, which shall contain only the information in accordance with § 54 (1) (1) (1) to (3).

Marriage certificate

§ 55. (1) The marriage certificate shall contain:

1.

the names of the spouses, their sex, the day and place of their birth;

2.

the date and place of the marriage;

3.

the identification of the family name of the children born of marriage;

4.

the dissolution or annulment of marriage;

5.

name-related matters relating to marriage, its dissolution or annulment;

6.

the date of the exhibition;

7.

the name of the registry officer.

(2) In the case of the surname before the marriage, changes which have occurred after the marriage are not to be taken into account; this does not apply to changes which are due to the period before the marriage.

Partnership certificate

§ 56. The partnership certificate shall contain:

1.

the names of the partners, their gender, the day and place of their birth;

2.

the date and place of the establishment of the registered partnership;

3.

the dissolution or annulment of the registered partnership;

4.

the date of the exhibition;

5.

the name of the official.

Certificates of death

§ 57. (1) The death certificate shall contain:

1.

the names of the deceased;

2.

the sex of the deceased;

3.

the day and place of the birth of the deceased;

4.

the last place of residence of the deceased;

5.

the date and place of death;

6.

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

7.

the last well-established registered partnership and the general civil status data of the registered partner, if the deceased lived in a registered partnership at the time of death;

8.

the date of the exhibition;

9.

the names of the civil servants;

10.

in the case of a declaration of death, the court, the day and the file number of the death declaration.

(2) An own certificate shall be issued for all-born children. This has to contain:

1.

the names given by the parents at best;

2.

the sex of the child;

3.

the date and place of the birth of the child;

4.

the names of the parents;

5.

the date of the exhibition;

6.

the name of the registry officer.

(3) For persons whose (presumed) death is registered on the basis of a death declaration, only one information on the registration is issued.

Other extracts

§ 58. (1) The Authority shall, on the basis of the data contained in the ZPR, have to be informed at the request of a person entitled to the right of information in accordance with § 52:

1.

its data on one or more civil status cases (partial excerpt) or

2.

its data on all passenger status cases registered in the ZPR (total train).

(2) In accordance with the technical possibilities, an inversion can also be requested and issued in the long-distance traffic from the ZPR using the function of the citizen card (§ § 4 ff E-GovG). In this case, the extract is to be provided with the official signature of the operator of the ZPR.

5. MAIN PIECE

STORAGE, RE-REGISTRATION, OLD MATRIQUES, OTHER PROVISIONS

Section 1

Retention of files

§ 59. (1) All documents forming the basis for registration and subsequent changes, as well as the determination of the identity and the ability to establish a registered partnership, shall be kept by that authority; that the registration has made. The documents shall be returned to the persons who submitted them, unless they are issued solely for the registration or identification of the emapacity or the ability to establish a registered partnership.

(2) The documents referred to in paragraph 1 shall be kept in such a way as to ensure that they are secured against damage, loss or destruction. The provisions of archival regulations remain unaffected.

(3) In place of the documents referred to in paragraph 1, microfilms or electronic information carriers may also be kept.

Section 2

Collection and storage of books

Retention of books

§ 60. (1) The personal status books kept up to the time of the inclusion of the ZPR shall remain with the civil status authorities. As far as civil status books are already held by district administrative authorities, they remain there. The records of persons shall be kept in such a way as to ensure that they are protected from damage, loss or destruction. The provisions of archival regulations remain unaffected.

(2) From the date of the entry into force of this Federal Act, no entries may be made in the civil status books.

Establishment of the ZPR

§ 61. (1) As of 1 April 2013, the ZPR will be conducted within the framework of a build-up operation. In accordance with the technical and organisational possibilities, the civil status authorities can leave personal data to the Federal Minister for Home Affairs.

(2) Insofar as data have not already been recorded in the context of the building-up operation in the ZPR, they shall in principle be recorded in relation to the ZPR, insofar as they are necessary for the execution of a civil status case. In addition, independent of the If there is a person-level case, a tracking is carried out. In any case, if a person who had already had a personal status case in Austria required this, it is in any case to be recorded. To the extent that this is necessary, in particular, with a view to a uniform conclusion of the re-registration, the Federal Minister of the Interior may approximate the procedure, scope and final or preliminary conclusion of the re-registration. by regulation.

(3) The date of the conclusion of the post-collection period laid down by the Regulation shall not apply to the obligation to be entered in the standard document register in accordance with Section 17 (1) of the E-GovG.

(4) As far as this is necessary for a proper transfer of the data from the management of the civil status books to the exclusively automation-assisted processing of personal status data, the Federal Minister of the Interior can by regulation Order that the civil status books for a certain period not over a year continue to be subject to the provisions of the Civil Status Law, BGBl. N ° 60/1983, as amended by the Federal Law BGBl. I n ° 135/2009.

(5) As far as this is necessary for ensuring the correctness and completeness of the personal data of the ZPR in the context of the re-registration, the data of the ZMR may be used. To this end, the reporting authorities shall also be entitled to use the general civil status data or parts thereof for comparison with the data processed in their reporting registers and to correct or supplement them by the competent authorities. to initiate the authority. In the same way, the civil status authorities are entitled to use the identity data (Section 1 (5a) of the Reporting Act) for this purpose.

(6) If, within the framework of the reconciliation in accordance with paragraph 4, it is clear that changes in reporting data are required, an alteration of the academic degrees and status designations in the ZMR shall only take place, if the authority of the civil status authority is academic and Status labels have been recorded. An automatic updating of the family name in the ZMR has to be carried out within the scope of § 74 only after the execution of an investigation procedure. If a change in the data in the ZMR is due to the subsequent collection, the data subject shall be sent out of the amended notification data.

Section 3

Old matriks

Retention and propagation

§ 62. (1) The churches and religious societies recognised by law in the state contract before 1 August 1938 for the purpose of assessing the marriages and the ones before 1. January 1939 for the assessment of births and deaths, as well as all the administrative authorities before the 1. Jänner 1939 are kept by the legally recognised churches and religious companies as well as the administrative authorities in which they are located on the date of entry into force of this Federal Act, and are guided by the law of the Federal Republic of Germany. to continue.

(2) The preservation and continuation of the military matrices (Heeres-Matriken) conducted before 1 August 1938 is the responsibility of the Austrian State Archives.

Exhibition of documents

§ 63. (1) The depositors of the old matrices (§ 62) have to issue certificates of personal status and copies on the basis of the entries in these old matrices, as well as to grant access to the Altmatriken.

(2) The civil status documents issued in accordance with paragraph 1 and copies from the old matritals have the same reference force as the civil status documents issued by the civil status authorities and copies from the civil status books.

(3) The organs of the legally recognised churches and religious societies may be charged for the issuance of civil status documents and copies from the old matrimony as well as for the granting of admission to the Altmatriken fees at the level of the Federal administrative charges, which are to be lifted by the civil authorities for similar acts. These fees may be charged on the basis of a notice of residue of the legally recognised churches and religious companies in the administrative path, if the enforceability is confirmed by the district administrative authority.

Section 4

Other provisions

Legal information of the country's main manneyman

§ 64. To the extent that it is necessary for the assessment of a legal matter, the civil status authorities may obtain a legal information from the regional governor.

Recognition of foreign decisions

§ 65. If, in a case, doubts arise as to the ability of a foreign decision to dissolve a marriage or the dissolution of a registered partnership, then the party which is based on it may submit the submission of a Court decision on recognition (§ § 97 to 100 of the External StrG) is to be applied.

Name-setting

§ 66. (1) If the origin and the name of a person cannot be determined, the provincial governor shall establish a common surname and first name.

(2) The same shall apply to the family name or surname if a person of known origin cited in § 35 (2) does not have a family or surname or cannot be determined. If the person is known under a name, he shall be fixed on request as a family name or surname.

(3) The Landeshauptmann, in whose area of office the person has his habitual residence, is responsible. If it does not have a habitual residence in Germany, the Landeshauptmann of Vienna is responsible.

(4) The provincial governor has to withdraw the determination pursuant to para. 1 and 2 as soon as the origin or the name (para. 1) or the family name or surname (para. 2) the person has been identified.

Power to assess and to be credited

§ 67. (1) The registry officer shall have to be assessed, to be certified and to enter:

1.

the Declaration on the Recognition of Fatherhood and the related declarations;

2.

the consent of the legal representative and the legal guardian for the marriage of a person who is not fully capable of business;

3.

the statements of the fiancée on the name-keeping in marriage;

4.

the statements of the fiancée concerning the identification of the family name of children born of marriage;

5.

the declaration by which a spouse whose marriage is dissolved takes on an earlier surname;

6.

explanations required for the entry of a child or spouse for the purposes of the name of a child or spouse in the cases provided for by law;

7.

other declarations which are necessary for the complete registration of a civil status.

(2) The district administrative authority shall have the consent of the legal representative to establish a registered partnership of a person who is not fully capable of carrying out and to register and to enter into it.

(3) The Austrian representative authorities abroad shall have the declarations referred to in paragraph 1 (1) (1) where the person in recognition or the child is a person referred to in § 35 (2), to be certified and certified, the persons referred to in paragraph 1 (1) (2) to (7) above. To make declarations and to communicate to the competent authority.

(4) The powers of the courts, administrative authorities and notaries, granted in other legislation, for the purposes of certification and certification of the declarations referred to in paragraphs 1 to 7 and 2 of the second paragraph remain unaffected.

(5) The civil status authority, which has made the registration of the birth, has to give certificates of care (Section 177 (2) of the ABGB). These shall be communicated to the court at the place of residence of the child.

Receipt and registration of declarations

§ 68. (1) If the declarations referred to in § 67 (1) (1) and (3) to (6) are not submitted before the civil servant, they shall be transmitted to the civil servant in public or in a publicly certified document.

(2) If the declarations referred to in § 67 (2) are not submitted before the district administrative authority, they shall be transmitted to the district administrative authority in public or publicly certified documents.

(3) For the purposes of receiving and registering the declarations referred to in § 67 (1) (1) and (3) to (6), the civil status authority which has certified or certified the declaration shall be the authority responsible for the declaration. If the declaration has not been made in front of a civil servant, the reception and registration of the civil status authority shall be the responsibility of the office of the court, the authority or the person who has been provided with public faith.

(4) In the case of Section 67 (3), the declaration shall be accepted and entered by the civil authority at the place of residence of the person concerned. In the absence of such a person, the responsibility for the last place of residence shall be governed by the national law. The municipality of Vienna is responsible for any such non-connection.

(5) The civil status authority in which the registration is made has to inform the opposition entitled to the recognition of paternity and to draw attention to its right of objection.

(6) The civil status authority, which has received a pending ineffective paternity knowledge pursuant to section 147 (1) of the German Civil Code (ABGB), has the right to inform the persons entitled to consents in accordance with Section 147 (2) and (4) of the German Civil Code (ABGB) on the acknowledgement of paternity and on the basis of which the persons responsible for the paternity leave To draw attention to the right of consent.

Authenticity of signatures

§ 69. In so far as they do not require special formal requirements under this Federal Act or under other legislation, written application shall not require any authentication of the signature. However, if the official has doubts as to the authenticity of the signature and requires clarification of the importance of the notification or of the other application, he may require a certification of the signature if the doubt cannot be remedied otherwise.

Language and writing

§ 70. The registration and exhibition of documents, information and other extracts shall be in German, using Latin characters and Arabic numerals. Provisions in intergovernmental agreements on the issuing of multilingual documents and the provisions of the People's Group Act-VoGrG, BGBl. No 396/1976, remain unaffected.

6. MAIN PIECE

CRIMINAL, TRANSITIONAL AND FINAL PROVISIONS

Section 1

Criminal provisions

§ 71. (1) An administrative surrender shall be carried out if the action does not constitute a criminal offence within the jurisdiction of the courts,

1.

Who does not comply with a duty pursuant to § § 9, 28, 36 (5) and (6) as well as with regard to a change in the name or family status of the persons concerned in accordance with Section 35 (3) or in an advertisement, a request, a declaration or information of a the administrative authority responsible for the enforcement of this federal law intentionally makes untrue or incomplete information;

2.

who uses a civil status certificate (§ 53), other excerpts (§ 58) or an information (§ 52) to an administrative authority for the proof of his current personal status, although he is known or should be aware that the certificate already exists at the time of her exhibition was untrue or has become incorrect after her exhibition.

(2) An administrative surrender pursuant to paragraph 1 shall be punishable by a fine of up to 218 euros, such as also with the decay of the deed according to paragraph 1 Z 2.

(3) If the document is directly related to the offender, the decay shall also be available if it is not owned by the offender.

(4) The administrative procedures shall be carried out by the district administrative authorities.

Section 2

Transitional and final provisions

Entry into force and transitional provisions

§ 72. (1) Section 61 (1) shall enter into force on 1 April 2013. This federal law shall enter into force with the exception of § 5 (5) and § 72 (3) with 1 November 2013. Section 72 (3) occurs at the end of the day of the customer's presentation of this Federal Act, Section 5 (5) with 1. Jänner 2013 in force. The Civil Status Act-PStG, BGBl. No 60/1983, occurs at the end of the 31. October 2013. The civil status law, BGBl, is for the retention and continuation of the old matriches, the recognition of old matriches as well as the issuing of documents from old matrics according to § § 62 and 63. N ° 60/1983, as amended by the Federal Law BGBl. I n ° 135/2009, to continue to apply. § § 177 (2) of the German Civil Code (ABGB) applies to § § 7 (2) and (67) (5) from 1 February 2013.

(2) Regulations pursuant to this Federal Act in its respective version may already be adopted from the day following the presentation of the respective federal law; however, they shall enter into force at the earliest simultaneously with this Federal Act.

(3) A test operation for the ZPR may be established from the day following the presentation of this Federal Act. The data used for this purpose are to be deleted with the recording of the real-life operation, inasmuch as these have not already been used as data of the ZPR.

(4) Data from the standard document register according to § 17 paragraph 1 E-GovG can be transferred to the ZPR.

(5) On the basis of § 5 (5), § 60 and § 63 of the Civil Status Law, BGBl. No 60/1983, decreed regulations which are applicable at the time of the entry into force of this Federal Law shall be deemed to be corresponding regulations within the meaning of § § 5, 6 and 59 of this Federal Law.

Notification obligations of the courts

§ 73. Meals can be served up to 1. January 2016 the communications referred to in Article 7 (1) (1) (1) to (7) to the authority responsible for the birth of the birth register and communications pursuant to Section 7 (1) (8), (9) and (10) to the civil status authority which up to now has been the subject of the marriage or the Partnership book, transmitted.

Name Use

§ 74. Rights acquired and obligations acquired for the use of a name, acquired before 1 May 1995, shall remain unaffected by the use of a name.

Retaking of the gender name

§ 75. Section 93a of the German Civil Code (ABGB) in the version in force as from 1 May 1995 shall apply mutagentily for the re-acceptance of the sex name.

Notifiable and inter-governmental conventions

§ 76. The provisions contained in other legislation concerning disclosure requirements to the civil status authority and the intergovernmental conventions on matters relating to the civil status of persons made known prior to the entry into force of this Federal Law shall not be affected by this federal law.

Linguistic equality

§ 77. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 78. (1) Assignments in this Federal Act to other federal laws shall be understood as references to the version in force in each case, unless otherwise expressly intended.

(2) Provided that in other federal laws provisions of the Civil Status Act, BGBl. No 60/1983, shall be replaced by the relevant provisions of this Federal Law.

Enforcement

§ 79. With the enforcement of this federal law are entrusted

1.

with regard to Sections 1, 7, 13, 14 to 18, 21 to 25, 30 Z 7 and Z 9, 48 (8), 49, 51, 64, 65, 67 (1), (4) and (5), 68 and 74 of the Federal Minister of the Interior, in agreement with the Federal Minister for Justice,

2.

with regard to § § 53 (4) and 67 (3) of the Federal Minister for European and International Affairs, in agreement with the Federal Minister for the Interior and the Federal Minister for Justice,

3.

with regard to Section 62 (2) of the Federal Chancellor,

4.

with regard to section 44 (2) of the Federal Minister of the Interior, in agreement with the Federal Minister for Finance,

5.

as regards all the other provisions of the Federal Minister for the Interior.

Article 2

Amendment of the Citizenship Act 1985

The Law of the Citizenship 1985-StbG, BGBl. No. 311/1985, as last amended by the BGBl. I No 87/2012, shall be amended as follows:

1. § 20 (2) reads:

"(2) The assurance shall be revoked if, with the exception of § 10 (1) Z 7, the foreign person no longer fulfils any of the conditions necessary for the award of the citizenship."

1a. § 41 (1) reads as follows:

" (1) Apart from the cases of paragraph 2, in order to issue confirmations in matters of citizenship and to decide on such applications, the municipality (Association of Municipalities) shall be responsible for the applicant's (s) in the territory of the country. "

2. § 44 reads:

" § 44. (1) Confirmations that a certain person has citizenship (citizenship certificates), as well as confirmations of citizenship law are excerpts from the Central State Citizenship Register-ZSR (§ 56a).

(2) On request, a certificate of citizenship must be issued with certain formal design features, the appearance of which is to be determined by the regulation of the Federal Minister of the Interior.

(3) According to the technical possibilities, a certificate of citizenship can also be found in the long-distance traffic from the ZSR according to § 56a paragraph 1 using the function Citizen Card (§ § 4 ff of the eGovernment Law-E-GovG, BGBl. I n ° 10/2004).

(4) State citizenship certificates shall be provided with the official signature of the operator of the ZSR. "

3. § 45 deleted.

4. In Section 47 (1), the phrase "§ 60 of the Personal Status Law" through the phrase " § 5 of the Personal Status Act 2013-PStG 2013, BGBl. I No 16/2013) " is replaced and added in accordance with paragraph 3 of the following paragraph 4:

"(4) A citizenship association may be held within the framework of a standing office and citizenship association pursuant to § 5 para. 5 PStG 2013."

5. § 50 reads:

" § 50. The civic citizenship is to be carried out separately for each municipality within the framework of the ZSR (§ 56a). "

(6) The following paragraph 3 is added to § 52:

"(3) In the cases of Section 35 (6) of the PStG 2013, the provisions of Section 2 of the PStG shall apply in accordance with the provisions of paragraph 2."

7. In § 53, after the word order "Evidenzstelle is" the phrase "in accordance with the technical possibilities in electronically reprocessable form" inserted in Z 5 the lit. a and b and shall be lit. f is added:

" f)

A breakaway paternity recognition according to § 147 of the General Civil Code-ABGB, JGS No. 946/1811. "

7a. § 54 deleted.

8. In accordance with § 56, the following section Va and heading is inserted:

" SECTION VA

Central Citizenship Register (ZSR)

§ 56a. (1) The evidence points are empowered to give citizenship to nationals of

1.

names;

2.

birth dates;

3.

Gender;

4.

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

5.

the date of purchase and the corresponding earning ground;

6.

the date of loss and loss of loss;

7.

Death data;

8.

field-specific personal identifiers (bPK, § § 9 ff E-GovG);

9.

academic degrees and standpoints as well as

10.

other circumstances which are necessary for the acquisition, loss or retention of citizenship,

in an information composite system (§ 4 Z 13 of the Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999) (Central Citizenship Register).

(2) The Federal Minister of the Interior shall exercise the function of the operator in accordance with § 50 DSG 2000 as well as that of a service provider within the meaning of § 4 Z 5 DSG 2000 for this data application. In this function, he has to set data quality assurance measures, such as in particular to give indications of a possible identity of two similar data sets or the writing vesis of addresses. State citizenship authorities have to leave their citizenship data to the Federal Minister for Home Affairs for the purposes of the ZSR.

§ 56b. (1) The evidence points shall be entitled to use the data processed in the ZSR and to provide information therefrom. In order to complete the tasks assigned to them under this Federal Act, the Austrian professional consulates and Austrian diplomatic representative authorities are entitled to determine the data processed in the ZSR and to do so for these purposes. Continue to work.

(2) The Federal Minister for the Interior shall continue to process the citizenship data made available to him and the eligibility of the data from the entire quantity of stored data by name of the registered or after the name in combination with a further date in accordance with section 56a (1).

(3) For the purposes of proper guidance of the data, the eligibility of the data can also be made according to other criteria. For the purposes of security policy and criminal justice, or, as provided for by law, eligibility from the total quantity of all data processed in the ZSR may also be provided for in accordance with criteria other than those referred to in paragraph 2 above. (Join request).

(4) citizenship data processed in the ZSR shall be deleted 120 years after the registered death date of the person concerned. After that, they are to be handed over to the Austrian State Archives.

(5) The Federal Minister for the Interior shall be authorized to provide that the authenticity of the documents issued from the ZSR may be verified by means of a code.

(6) Data on and the change of nationality in the ZSR are automatically made available to the ZPR and updated.

(7) Instead of a communication according to § 53 Z 1, the Office of the State Government may, on the occasion of the acquisition, loss, waiver or determination, retention and withdrawal of citizenship for the competent evidence body, the data. Enter the ZSR pursuant to § 56a (1) (1).

§ 56c. (1) The citizenship data referred to in Article 56a (1) shall be available to any authority by way of long-distance data, insofar as it is necessary to carry out a legally mandated task, if it is the person concerned by name and if necessary, to determine a further characteristic. The data in the ZSR should be checked, if applicable in a procedure for citizenship. The Federal Ministry of the Interior has the Federal Statistical Office of Statistics Austria using the encrypted area-specific "Official Statistics" (bPK-AS) data in accordance with § 56a (1) for the compilation of statistics without names to make available to those affected.

(2) In the event of a query, any doubt as to the correctness of the data processed in the ZSR shall be obliged to inform the evidence body immediately by means of the ZSR in accordance with paragraph 1 of the query.

(3) In the case of queries from the ZSR, the interrogating system shall ensure that:

1.

it shall be explicitly determined in its area of the conditions under which a query may be carried out,

2.

to be informed of their obligations under data protection rules,

3.

appropriate rules on the rights of inquiry and the protection against the inspection and use of the citizenship data by unauthorised persons,

4.

take measures against unauthorised queries by means of technical or programme-controlled arrangements,

5.

Records in order to ensure that the actual use of such operations with a view to their admissibility can be traced to the necessary extent,

6.

measures to protect against unauthorised access to premises, from which queries can be carried out, and

7.

a documentation relating to the measures taken in accordance with Z 1 to 6 shall be maintained. "

8a. In Section 63c (2), the word order is deleted. "a request pursuant to § 45 or" .

9. The following paragraphs 15 to 17 are added to Section 64a:

" (15) As of 1 April 2013, the ZSR is being run as part of a build-up operation. According to the technical and organisational possibilities, the evidence points can be left to the Federal Minister of Home Affairs to provide citizenship data.

(16) In so far as this is necessary for a proper transfer from the leadership of the national civil society to the exclusively automation-assisted processing of citizenship data, the Federal Minister of the Interior can Decree that the citizenship of the citizenship of a certain period, which does not exceed one year, continues in accordance with the provisions of the Law of the Citizenship 1985-StbG, BGBl. No. 311/1985, in the version of the Federal Law BGBl. I No 87/2012. Insofar as data has not already been collected in the context of the build-up operation in the ZSR, they are to be recorded in the ZSR when these are required in a method. In addition, a re-registration can be carried out independently of an event, provided that a citizen requires them. To the extent that this is necessary, in particular, with a view to a uniform conclusion of the re-registration, the Federal Minister of the Interior may approximate the procedure, scope and final or preliminary conclusion of the re-registration. by regulation. The data collected in the ZSR are in accordance with the data of the Central Melderegister (ZMR) according to § 16 of the Reporting Act 1991-Reporting Act, Federal Law Gazette (BGBl). No 9/1992, automatically. Where necessary, the information on nationality shall be amended.

(17) § 64a (15) in the version of the Federal Law BGBl I No. 16/2013 enters into force with 1 April 2013; § 20 (2) enters into force with the day following the event. § § 41 (1), (44), 47 (1), 50, 52 (3), 53, Section Va, 63c (2), 64a (16) and § 66 of the Federal Law BGBl Act (BGBl). I n ° 16/2013 will enter into force with the exception of § 47 (4) with 1 November 2013; at the same time, § § 45, 53 Z 5 lit. a and b and 54 out of force. Section 47 (4) in the version of the Federal Law BGBl. I n ° 16/2013 comes with 1. Jänner 2013 in force. A test operation for the ZSR can be set up from the day following the customer's presentation. The data used for this purpose are to be deleted with the recording of the real-life operation. "

10. In § 66 Z 1 lit. c is before "and" the following quote is inserted:

", 56b para. 1 second sentence".

Article 3

Amendment of the Reporting Act 1991

The Reporting Act 1991-Reporting G, BGBl. No 9/1992, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In the table of contents are the entries for § 10 and § 16b:

" § 10

Guest Directory

§ 16b

Statistical and scientific surveys "

2. The following entry is inserted in the table of contents after the entry in section 16b:

" § 16c

Change Service "

3. In Section 1 (5), the word order shall be "the guest leaf (§ 10) or the main residence confirmation" through the phrase "in the guest directory (§ 10) or on the main residence confirmation" replaced.

4. § 3 (5) deleted.

5. The following sentence is added to Article 4 (2):

" The registration of an accommodation, which does not constitute the main residence, can be made by any reporting authority. If this is not the competent reporting authority, it shall act for it; the necessary data exchange shall be carried out in the way of the ZMR. "

6. According to Article 4 (2), the following paragraph 2a is inserted:

" (2a) In accordance with the technical possibilities, a logout can also be carried out using the function Citizen Card in the long-distance traffic in the way of the ZMR. The further development of the technical processes in the event of the withdrawal of the logout using the citizen card function and the time at which this logoff can be made shall be determined by the regulation of the Federal Minister for the Interior "

7. The following sentence shall be added to section 4 (3):

"In the event of a sign-off in accordance with paragraph 2a, the authority shall be required to transmit the data corresponding to the reporting date."

8. The following sentence shall be added to § 4 (4):

"In the event of a deregister in accordance with paragraph 2a, the official signature of the operator shall be replaced by the reporting note."

(9) The following sentence shall be added to section 4a (1):

"In the event of a sign-off in accordance with § 4 (2a), the notification shall be made if the authority has been sent the data corresponding to the reporting date."

10. The following sentence shall be added to Section 4a (2):

"In the event of a deregister in accordance with § 4 (2a), the official signature of the operator shall be replaced by the office of the logout note."

11. § 5 together with headline reads:

" Accommodation in accommodation establishments

§ 5. (1) If you are a guest in a accommodation facility, you must register immediately, but in any case within 24 hours after the arrival at the accommodation establishment. The registration shall be made as soon as the accommodation establishment has the name, date of birth, sex, nationality and place of residence as well as-in the case of foreign guests-the type, number, date of issue and the issuing authority of the travel document , and the declaratory has confirmed the accuracy of the data with his signature. As soon as the accommodation is given up, the guest is to be uncovered by a corresponding entry in the guest directory.

(2) In accordance with § § 3 f, the person who holds accommodation for more than two months in a accommodation facility shall be subject to the obligation to notify the notification in accordance with § § 3 f. at the latest on the third day after the end of the two months.

(3) If at least two guests take accommodation at the same time, their reporting obligation is fulfilled if any of these guests have their data in accordance with paragraph 1, as well as the names, gender, nationality and-in the case of foreign guests-the type, number, the date of issue and the issuing authority of the travel documents of its passengers, and confirms the accuracy of the data with its signature. "

12. In Section 7 (3), the quote shall be "§ 273 ABGB" by quoting "§ 268 of the General Civil Code-ABGB, JGS No. 946/1811," replaced.

13. In Section 7 (5), the phrase "Entries in the Guestsheets" by "entries in the guest directory" replaced.

14. In Section 7 (6), the phrase "Entries in the Guestsheets" through the phrase "entries in the guest directory" replaced.

15. § 10 together with headline reads:

" Guest Directory

§ 10. (1) The holder of a accommodation company or its representative shall have a list of the guests who have been accommodated with him (list of guests) from which the data pursuant to § 5 (1) and (3) as well as the date of arrival and departure can be seen. The Federal Minister for the Interior is authorized to lay down, by means of a regulation, the more detailed provisions relating to the procedures for the introduction of the data in the list of guests, the form of the data and data security measures.

(2) The records referred to in paragraph 1 shall be kept for three years from the date of registration. The reporting authority and the institutions of the public security service shall, on request, be granted access to such records at any time. In the case of automation-assisted processing, written copies are to be handed out from the guest list or the data must be transmitted in the long-distance data traffic. "

16. In Section 13 (2), the phrase "in Last Instance" through the phrase "in second and last instance" replaced.

17. In Section 14 (2), the phrase "Request of the competent authority to provide identity data" through the phrase "Request of the competent authority by means of the Central Register of Registers The Identity Data" and the last sentence is replaced by the following sentence:

"A request with respect to an administrative procedure shall be subject to the requesting authority only if the public interest in the person's notice outweighs the confidentiality of the person concerned."

18. In accordance with § 14 (2), the following paragraph 3 is inserted:

" (3) The reporting authorities are empowered to process the identity data, including a specific reference to a person who has already registered on an accommodation without the knowledge of the accommodation provider, without actually having to do so. If they have already officially resigned the accommodation for this reason, they have to have their accommodation officially signed off. The reference shall be made in a reference to the official logout procedure and shall be deleted no later than five years. If, prior to the expiry of the period, a further official logout is made for the same reason, the deletion of all entries shall take place five years after the last entry. "

19. In Section 16 (1), the phrase "Business Area Specific Passenger Mark" through the phrase "bPK for use in private sector" replaced and the abbreviation "wbPK" by the abbreviation "bPK" replaced.

20. In § 16 (6) the last part of the sentence is:

"The requesting body must be informed of the registration of a sought-after person."

21. The following paragraph 7 is added to § 16:

"(7) The operator shall set up data-quality assurance measures to assist the reporting authorities, such as, in particular, indicating a possible identity of two similar data sets or the spellings of addresses."

22. In § 16a (3), after the word "Criminal Justice" an inversion and the phrase " in the event of a disaster (§ 48a of the Data Protection Act 2000-DSG 2000, BGBl. I No 165/1999) " inserted.

Section 16b, together with the headline, reads:

" Statistical and scientific surveys

§ 16b. (1) The Federal Minister of the Interior has the Federal Statistical Office of Statistics Austria, using the area-specific "Official Statistics" (bPK-AS) symbol, without the names of the persons concerned, for the preparation of the

1.

Statistics of the population in each case at the time of 24.00 clock of 31 March, 30 June, 30 September and 31 December, and

2.

Migration statistics the registrations processed in the Central Register of Reporting within a calendar quarter, including the related logins

within five weeks of the end of the calendar quarter.

(2) The Federal Statistical Office (Bundesanstalt Statistik Österreich) has to anonymize and statistically prepare the personal data transmitted in accordance with paragraph 1 and to the countries and municipalities the individual data relating to them from the statistics of the population and to make it available free of charge from migration statistics.

(3) The data stored in the Central Reporting Register may be used for statistical purposes in accordance with the Federal Statistics Act 2000, BGBl. I No 163/1999, to the institutions of the Federal Statistical Office or to bodies appointed in accordance with national law. The data shall be transmitted in such a way that they are indirectly related to the person concerned, provided that the reference to persons is not essential for the purpose of carrying out a statistical survey.

(4) Insofar as data from more than one client are to be provided for the purposes of § § 46 and 47 of the German Data Protection Act (DSG 2000), this task shall be the subject of the Federal Minister for Home Affairs. "

24. In accordance with § 16b the following § 16c with headline is inserted:

" Change Service

§ 16c. To the extent that a personal data application is permitted, the Federal Minister of the Interior may, on request, make the changes to these data available against cost replacement insofar as the respective encrypted bPK of the changed records. If bPK is announced for use in the private sphere, the change of data of a person can be made available against cost replacement. The amount of the cost replacement shall be determined by the Federal Minister of the Interior with a regulation. "

25. § 19 together with the headline is:

" Notification Confirmation

§ 19. (1) The reporting authority shall, on request, confirm that, since when and where the applicant or a person for which he is the subject of the notification is registered, the reporting authority shall be notified. Upon request, the registration confirmation shall also refer to all previous applications, including the corresponding logins.

(2) If notification of notification in accordance with paragraph 1 is requested from the data collection of the ZMR, the reporting authority at which the application is filed shall be the responsibility of the reporting authority; notification confirmations from the local reporting register shall be submitted to the local reporting authority in each case. and to be granted by the Commission.

(3) Declarations of notification shall be issued without information on the marienal status.

(4) The reporting authority shall, on the basis of the reporting data contained in the local reporting register, confirm, at the request of all persons registered in an accommodation, that they are in a private household at the time of issue of the confirmation (§ 2 Z 5 of the Registration Law, BGBl. I n ° 33/2006) (private residence confirmation).

(5) Administrative charges shall be payable for declaration confirmations granted under the use of the ZMR, the amount of which shall be determined in the regulation to be adopted in accordance with Article 16a (8). "

28. § 22 (1) Z 5 reads:

" 5.

as the holder of a tourist accommodation company or as the owner of the accommodation, the guest directory is incompletely filled or otherwise violates the provisions of § 10 or ".

29. In Section 22 (2) (6), the word order is deleted "or in accordance with § 10 (2)" .

29a. In Article 22, the following paragraph 2a is inserted after paragraph 2:

" (2a) Any person who intentionally and in exchange for the charges that another person without actually having taken accommodation shall register at an accommodation shall be subject to an administrative surrender and shall be punished with a fine of up to 1500 euros. The attempt is punishable. "

29b. In § 22 (3), the quote shall be " 1 or 2 " by quoting " 1, 2 or 2a " replaced.

30. The following paragraphs 12 and 13 are added to § 23:

" (12) The Federal Minister for Home Affairs lays down the date from which a list of guests according to § 10 in the version of the Federal Law BGBl (Federal Law Gazette) is established. I No 16/2013 is to be carried out.

(13) § § 4 (2), 7 (3), 13 (2), 14 (2) and (3), 16 (1), (6) and (7), 16a (3), (16b) and (16c) together with the headings, 19, 22 (2a) and (3), as well as annexes A and C, as well as the table of contents concerning the entries to § § 16b and 16c in the Constitution of the Federal Law BGBl. I n ° 16/2013 will enter into force on 1 November 2013, at the same time Section 3 (5) will be repeal. § 1 (5), § 5 and the title, § 7 (5) and (6), § 10 together with the title, § 22 (1) and (2) as well as the table of contents concerning the entry to § 10 in the version of the Federal Law BGBl. I No 16/2013 shall enter into force with the date laid down by section 23 (12), at the same time Annex B shall not enter into force. § § 4 (3) and (4), 4a (1) and (2) in the version of the Federal Law BGBl. I No 16/2013 shall enter into force with the date laid down in Article 4 (2a). "

31. In Annex A, the word "person status" by the word "Family status" replaced.

32. In Annex A, in the field of family status (previous field of personal status) according to the category "divorced" the category "Marriage Annulled or annulled" inserted and the category "Resolved registered partnership" by "registered partnership dissolved or annulled" replaced.

32a. On the back of Appendix A, point 5. the parenthesis expression " (e.g. B. Motor Vehicle Registration, Weapons-Legal Certificates) " by the parenthesis expression " (e.g. B. Motor Vehicle Registration) " replaced.

33. Annex B shall not enter into force.

34. In Annex C, the word shall be: "person status" by the word "Family status" replaced.

35. In Annex C, after the category "divorced" the category "Marriage Annulled or annulled" inserted as well as the category "Resolved registered partnership" through the category "registered partnership dissolved or annulled" replaced.

Article 4

Amendment of the Name Change Act

The Name Change Act-NÄG, BGBl. No. 195/1988, as last amended by the BGBl agreement. I No 37/2012, shall be amended as follows:

1. The title of § 9 reads as follows:

"Transmissions"

2. In § 9, the word order shall be "in writing" through the phrase "to be made available in the way of the Central Civil Status Register (ZPR)" replaced.

(3) The following paragraph 5 is added to § 11:

" (5) § 9, together with the title in the version of the Federal Law BGBl. I n ° 16/2013 will enter into force on 1 November 2013. "

Fischer

Faymann