Veterinary Medical Association Act And Amendment To The Veterinary Act

Original Language Title: Tierärztekammergesetz und Änderung des Tierärztegesetzes

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86. Federal Act, by which a veterinary protection law is enacted and the Tierärztegesetz (Veterinary Act) is amended

The National Council has decided:

Article 1

Federal Law on the Austrian Veterinary Association (Tierärztekammergesetz-TÄKamG)

table of contents

1. Main item

Section 1
General provisions

§ 1.

Legal status and seat

§ 3.

Review Law

§ 4.

Mutual assistance

§ 5.

Information rights

§ 6.

Data protection

§ 7.

Confidentiality of Obligations

§ 8.

Obligation to provide information and information

Section 2
Chamber membership

§ 9.

Chamber Members

§ 10.

Rights and duties of chamber members

§ 11.

Mediation

Section 3
Impact area

§ 12.

Own impact area

§ 13.

Transmitted impact area

2. Main piece

Section 1
Organs

§ 14.

Organs of the Tierärztekammer

§ 15.

Delegates ' Meeting

§ 16.

Board

§ 17.

President/President

§ 18.

Control Committee

Section 2
Election of the Delegates and the Executive Board

§ 19.

Election of Delegates

§ 20.

Right to vote

§ 21.

Passive Electoral Law

§ 22.

Vote of preference

§ 23.

Election of the Executive Board

§ 24.

Electoral Regulations and Angelobung

Section 3
End of function

§ 25.

Leaving the function

§ 26.

Mandate Loss

§ 27.

Supplementary elections and continuation of the business

3. Main piece

Section 1
Organisation of the Tierärztekammer

§ 28.

Chamber Office

§ 29.

Chamber Management

§ 30.

Country

§ 31.

Department Committee

§ 32.

Communication

Section 2
Gebarung

§ 33.

Budget

§ 34.

Cover of costs

§ 35.

Chamber surrounds

§ 36.

Remuneration for chamber activities

Section 3
Prudential and supervisory law

§ 37.

Right of instruction

§ 38.

Supervision of the Tierärztekammer

§ 39.

Regulations in their own sphere of action

§ 40.

Approval of disciplinary orders

4. Main piece

Section 1
Welfare institutions

§ 41.

Funds

§ 42.

Trustees

§ 43.

Administration and predisposition

§ 44.

Application of the Fund

§ 45.

Contribution and performance

§ 46.

Contribution of contributions

Section 2
Pension funds

§ 47.

Pension fund members

§ 48.

Benefits

§ 49.

Contributions to the Supply Fund

§ 50.

Age support

§ 51.

Support in the case of permanent invalidity

§ 52.

Survivor support

§ 53.

Temporary incapacity to work

Section 3
Death rate

§ 54.

Fund members

§ 55.

Benefits from the death rate

§ 56.

Contributions to the death rate

Section 4
Emergency Fund

§ 57.

Fund members

§ 58.

Benefits

§ 59.

Contributions to the emergency fund

Section 5

§ 60.

Transitional provisions on procedures for welfare institutions

5. Main piece

Section 1
Disciplinary law

§ 61.

Discipline verdicts

§ 62.

Limitation of Tracking

§ 63.

One-stop action

§ 64.

Disciplinary penalties

§ 65.

Disciplinary Register and Tilgung

Section 2
Organisational provisions

§ 66.

Disciplinary Commission

§ 67.

Functional duration of the Disciplinary Commission

§ 68.

Disciplinary arsenals

§ 69.

Disciplinary lawyer/Disciplinary Lawyer

§ 70.

Investigator/investigator

§ 71.

Law firms of the Disciplinary Commission

Section 3
Disciplinary procedure

§ 72.

Procedural rules

§ 73.

Decision on the persecution

§ 74.

Pre-Procedure

§ 75.

Conclusion of the preliminary procedure

§ 76.

Oral proceedings

§ 77.

Trial in absentia

§ 78.

Decision-making

§ 79.

Knowledge

§ 80.

Cost

§ 81.

Communications to the public

6. Main piece

Section 1
Criminal provisions

§ 82.

Criminal provisions

Section 2
Transitional provisions

§ 83.

Transfer of the institutions

§ 84.

Transitional provisions for disciplinary matters

§ 85.

Regulations of the Tierärztekammer

Section 3
Final provisions

§ 86.

Entry into force and external force

§ 87.

Enforcement

1. Main item

Section 1

General provisions

Legal status and seat

§ 1. (1) The "Österreichische Tierärztekammer" ("Austrian Veterinary Chamber") (hereinafter referred to as the "Tierärztekammer"), which is based in Vienna, is to represent the members of the veterinary profession. Its scope of action extends to the entire Federal territory. In each federal state, a country office is to be set up.

(2) The Tierärztekammer (Tierärztekammer) is a body of public law.

(3) The Tierärztekammer (Tierärztekammer) is entitled to carry the federal coat of arms with the transcript "Österreichische Tierärztekammer" (Austrian Veterinary Chamber).

General and definitions

§ 2. (1) Where reference is made in this Federal Act to provisions of other federal laws, those provisions shall, unless otherwise specified, be applied in their respectively applicable version.

(2) In the sense of this Federal Law:

1.

Organs: the representative bodies of the Tierärztekammer pursuant to § 14;

2.

Delegates: the members of the Assembly of Delegates elected in accordance with the provisions of this Federal Law;

3.

Functionaries: the members of the institutions elected in accordance with the provisions of this Federal Law, as well as their deputies and alternates;

4.

Personnel: the persons employed in an employment relationship with the Tierärztekammer;

5.

Public data of the members of the Chamber: those in § 5 (3) and 4 of the Veterinary Act, BGBl. No 16/1975, the data of the members of the Chamber;

6.

personal, professional data of the members of the chamber: the data of the members of the chamber referred to in Article 5 (2) (2) (3) to (7) and Z 16 to 18 of the Tierärztegesetz;

7.

Written notice: personal writing in paper form as well as telegraphic, telex, telefax, electronic data transmission or any other technically possible letter;

8.

Tierärztegesellschaft: Society according to § 15a of the German Veterinary Act.

Review Law

§ 3. (1) The draft laws of federal institutions which affect the interests of which the Tierärztekammer is to be represented shall, before being introduced into the legislative bodies of the Tierärztekammer, be submitted to the Veterinary Chamber under a reasonable period of time for the assessment of the ,

(2) In the same way, draft regulations relating to matters governed by national law referred to in paragraph 1, unless public interests require their accelerated release, must be submitted for review before they are released by the Tierärztekammer (Tierärztekammer).

(3) The Tierärztekammer (Tierärztekammer) shall be informed by the competent Federal Ministry in each case of all projects relating to the establishment of a law within the framework of the European Union, insofar as it affects the interests of which the Tierärztekammer is to be represented. It shall, in particular, be given an opportunity to give an opinion on draft directives, regulations or recommendations of the European Union within a reasonable time.

Mutual assistance

§ 4. (1) The institutions of the authorities, other chambers and other bodies appointed for the professional representation, public law and social security institutions shall have within their sphere of action the veterinary chamber, upon request, to fulfil the requirements of the to provide the necessary information and to assist them in their effectiveness. The organs of the Tierärztekammer are committed to the same conduct in relation to the aforementioned authorities, bodies and other bodies.

The Tierärztekammer shall, within its scope of action, have the competent authorities of the other Member States of the EU or of any other Contracting Party to the Agreement on the European Economic Area (EEA States Parties) and the Swiss Confederation Swiss Confederation on the application of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22., as amended by Regulation (EU) No 213/2011, OJ L 255, 30.9.2011, p. No. 4., information required in the context of crossborder administrative cooperation-if possible using the Internet-based administrative cooperation system IMI (Internal Market Information System) of the European Union Commission-to be granted and to be obtained.

(3) The obligation to provide information in accordance with paragraph 2 shall include information concerning veterinary surgeons who are in Austria

1.

are, or have been, entered in the veterinary list, in particular on the existence of disciplinary, criminal or administrative measures or other serious, precisely defined situations, which relate to: the exercise of the veterinary profession, and

2.

carry out the veterinary profession and, in another EEA State Party or the Swiss Confederation, wish to provide temporary services as a veterinarian or a veterinarian, on the legality of the exercise of the veterinary surgeon The profession in Austria as well as the fact that there are no professional disciplinary or criminal sanctions.

Information rights

§ 5. (1) The public prosecutors shall be obliged to provide the veterinary chamber

1.

agree to the initiation and termination of criminal proceedings against a member of the chamber;

2.

as well as the removal of pre-trial detention by a member of the chamber.

The Tierärztekammer (Tierärztekammer) is to be forwarded to the Disciplinary Lawyer or the Disciplinary Board requires the Disciplinary Authority.

(2) The courts shall be obliged to provide the veterinary chamber

1.

from the termination of a main proceedings under the 1975 Criminal Procedure Code (StPO), BGBl. N ° 631, to communicate against a member of the chamber and to submit a copy of the final judgment;

2.

the initiation, continuation and exit of proceedings concerning the appointment of a lawyer for a member of the chamber, and the immediate release of a copy of the final decision.

The Tierärztekammer (Tierärztekammer) is obligated to immediately apply the final judgments in the sense of Z 1 to the Disciplinary Lawyer. to direct the Disciplinary Authority.

(3) The administrative authorities shall, in so far as they relate to the administrative transgressions relating to the profession of veterinary surgeon, be obliged to prevent the veterinary surgeon from initiating and ending an administrative criminal proceedings against to notify a member of the chamber and to send it a copy of the legally binding criminal code. The Tierärztekammer (Tierärztekammer) is to be forwarded to the Disciplinary Lawyer or the Disciplinary Board to the Disciplinary Authority.

Data protection

§ 6. (1) The Tierärztekammer (Tierärztekammer) is within the meaning of the Data Protection Act 2000, BGBl. No 165/1999, on the identification, processing and use of personal data relating to the profession of chamber members, as far as this is an essential condition for the veterinary chamber for the protection of the tasks assigned to it by law . This also applies to the use of data by other entities which are used for the performance of the tasks of the Tierärztekammer.

(2) The processed data may only be transmitted to public authorities and bodies of public law and to producers, depositors and distributors of medicinal products, in compliance with the Data Protection Act 2000.

Confidentiality of Obligations

§ 7. (1) The institutions, the functionaries and the staff of the Tierärztekammer shall, in so far as they are not subject to other statutory confidentiality obligations, be secrecy about all the persons referred to in the performance of their duties. Facts whose secrecy is required in the interests of the Tierärztekammer, a local authority or the members of the chamber.

(2) The supervisory authority shall, at the request of a court, an administrative authority or the public prosecutor's office, release from this obligation, if it is in the interests of the administration of justice or in other public interests.

(3) At the request of the of the secrecy may be provided by this person or the supervisory authority shall be exempted from the obligation to conceal the obligation to:

1.

the statement in court, an administrative authority or the public prosecutor's office could relate to facts that are subject to the obligation of confidentiality, and

2.

the removal is in the interest of the administration of justice or in the interests of the public interest.

Obligation to provide information and information

§ 8. (1) The Tierärztekammer (Tierärztekammer) is obliged to provide the members of the chamber with information on matters of their scope, insofar as the obligation of confidentiality in accordance with § 7 or any other statutory duty of confidentiality is not contrary to this requirement.

(2) Information referred to in paragraph 1 shall be provided only in so far as:

1.

in this way, the proper execution of their legal tasks is not prevented and

2.

that they are not obviously required to do so.

The Information Obligations Act, BGBl. No 357/1990, should be applied.

(3) For services beyond the statutory obligation to provide information, the Tierärztekammer may require appropriate financial compensation.

(4) The Tierärztekammer (Tierärztekammer)-as well as a service provider which may be responsible for it-can also transmit information to the members of the Chamber by electronic mail. Mass consignments of chamber members serving the performance of the tasks assigned to the Tierärztekammer do not require the consent of the recipients under Section 107 of the Telecommunications Act 2003 (TKG), BGBl. I n ° 70.

Section 2

Chamber membership

Chamber Members

§ 9. (1) Full members (mandatory members) of the Tierärztekammer (Tierärztekammer) are all veterinarians who

1.

have been entered in the Tierärzteliste (Tierärzteliste) run by the Tierärztekammer,

2.

carry out the veterinary profession (§ 12 of the Veterinary Act),

3.

have their registered office or place of business in the area of the veterinary chamber; and

4

are not excluded from membership in accordance with paragraph 3.

(2) The full membership of the Tierärztekammer shall end if the veterinarian or the veterinarian

1.

has declared a profession at the Veterinary Chamber, or

2.

has been removed from the veterinary list.

The professional setting after Z 1 is to be explained by a written notice to the Tierärztekammer. Membership shall end at the end of the day specified in the declaration, but at the end of the day following the day on which the declaration of the Tierärztekammer has been shown to have been received. Veterinary surgeons who have been deprived of the right to practise their profession on the basis of a knowledge of the disciplinary commission remain mandatory members, as well as veterinary surgeons who have become vacant and who are not responsible for their profession have so far been in a working relationship and have been reported as looking for work, as well as veterinary surgeons who are prevented from exercising their current professional practice by performing a chamber function or exercising a public office or a mandate.

(3) From the compulsory membership, the official veterinarians are: Official veterinarians (§ 2 para. 2 of the German Veterinary Medical Act), including the border veterinarians and border veterinarians, as well as military veterinarians, respectively. Military veterinarians (Section 2 (3) of the Veterinary Medical Law). Practising a veterinarian a veterinarian in the sense of the first sentence, in addition to his/her official or official activities, shall carry out a further veterinary activity, he/she shall be it is a full member of the Tierärztekammer with regard to this activity.

(4) Veterinarians who are not full members may voluntarily join the Tierärztekammer by declaration as extraordinary members, if they are registered in the veterinary list and their residence in the area of the Veterinary chamber. The membership may be terminated at any time by declaration to the Tierärztekammer.

(5) The Chamber of Veterinary Medicine shall be divided in respect of the ordinary Members in

1.

the department of self-employed self-employed veterinarians (department of the self-employed) and

2.

the department of veterinary surgeons who carry out their profession in a working relationship (department of employees).

(6) Members of the Department of Self-employed persons are members of the Chamber who are self-employed and are members of a veterinarian's association.

(7) Members of the Department of Employees are members of the Chamber who are engaged in the profession of veterinary medicine and are not members of the Department of the Self-Employed (para. 6).

(8) A person can only be a member of a department. The President decides on any disputes relating to the assignment of the department. the President. The right of appeal to the board of directors shall be granted to the affected chamber member against this decision. The board of directors decides in final instance, with the President or the President is not entitled to vote. In such proceedings, the General Administrative Procedure Act 1991 (AVG), BGBl. No 51.

Rights and duties of chamber members

§ 10. (1) The members of the Chamber shall be entitled to respect for their professional, economic and social interests, as well as to the interests of standing by the Tierärztekammer, and shall be entitled to benefit from existing facilities of the Tierärztekammer in Claim to be taken. In accordance with the possibilities offered by the Tierärztekammer, they are entitled to work-related advice.

(2) The ordinary members of the Chamber are actively and passively entitled to vote in accordance with the provisions of the second section of the 2nd Hauptstück.

(3) Non-ordinary chamber members are entitled to:

1.

to obtain the official publication organ of the Tierärztekammer and

2.

continue to carry their veterinary certificate.

(4) The members of the Chamber shall have all matters relevant to membership, in particular the data in accordance with § 5 (2) (1), (1), (6), (8), (10). 14 and 16 of the Tierärztegesetz (Tierärztegesetz) and their amendments to the Tierärztekammer (Tierärztekammer) within one week by written notice

(5) The chamber members are obliged to perform the chamber conversion. Furthermore, they are obliged to:

1.

to provide the veterinary chamber with the data necessary for the management of the welfare funds and to provide the necessary information, and

2.

to make the contributions to the welfare funds prescribed in each case.

Excluded from the obligations of Z 2 are members of the Chamber, which shall be subject to the conditions laid down in the 4. The main part of the membership of the welfare institutions is exempt from or exempt.

(6) The members of the chamber are obliged to comply with the rules of the chamber law and to observe the decisions taken by the organs of the Tierärztekammer within the scope of their scope of action.

(7) The veterinarians referred to in Article 2 (1) of the Tierärztegesetz (Tierärztegesetz), who are members of the Chamber of Veterinary Medicine, shall only be obliged to comply with the instructions or instructions of the Tierärztekammer or its organs in so far as they are not in the Contrary to their official or service obligations, or relate exclusively to any veterinary activities outside their official or service obligations.

Mediation

§ 11. (1) Chamber members shall be entitled to dispute disputes arising between them in the performance of the veterinary profession or in the course of their activities in the chamber organizations, before the legal path is referred to a dispute resolution body. Clean up. The Conciliation Committee is obliged to work towards the mediation of the dispute which has been submitted to it.

(2) Schlichtungssubordinate shall be established at all national offices of the Tierärztekammer and shall consist of three members. These-as well as the required number of spare members-are to be ordered by the delegates ' meeting from the county of the chamber members of the respective federal state for four years. Members of the Schlichtungspanel may not hold any further functions within the Tierärztekammer.

(3) The procedure shall be governed by a system of convocation to be adopted by the Assembly of Delegates.

Section 3

Impact area

Own impact area

§ 12. (1) The Tierärztekammer (Tierärztekammer) is called to perceive and promote the common professional, social and economic interests of veterinarians, as well as to maintain the reputation of the veterinary surgeon and, if necessary, to lay down the necessary regulations for this purpose. in the field of professional practice and professional duties.

(2) In its own sphere of action, the Tierärztekammer shall, in particular, carry out the following tasks:

1.

Information of the members on current occupational developments in the legal framework of the professional exercise;

2.

the reimbursement of reports, proposals and statements made to the Federal Government, the State Governments and to the authorities on any matter which directly or indirectly affects the interests of veterinarians and the support of the of these authorities in the regulation of veterinary and animal welfare matters;

3.

the advisory and promoting participation in the technical training of veterinary surgeons and the development of veterinary medicine, as well as the development of animal health and veterinary care;

4.

advice and support in the development of animal hygiene, animal husbandry, animal welfare and food hygiene;

5.

the reimbursement of opinions dealing with matters enumerated in Z 1 to 4 and the submission of opinions on draft legislation in this field;

6.

the defence of the dignity and prestige of the profession of veterinary medicine, as well as the concern to ensure compliance with the rules of the profession and the management of a disciplinary register;

7.

the implementation of collegial dispute settlement in disputes between the members of the Chamber;

8.

the secondment of representatives representatives of other bodies and bodies, as well as the reimbursement of nominations for the representation of veterinary surgeons, in so far as such representations are provided for by special legislation;

9.

the secondment of representatives representatives of administrative checks and inspections, provided that the legislation provides for the confiscation of a chamber representative;

10.

the naming of members of the Commission pursuant to Section 4a of the German Law on Experts and Interpreters-SDG, BGBl. No 137/1975;

11.

the impact on the drafting of labour legislation for veterinarians, as well as for veterinarians ' assistants and for rules on protection against occupational diseases;

12.

participation in the fight against drug abuse and the fight against improper treatments and inadmissible interventions in animals;

13.

the implementation of continuing education and training programmes for professionals and the promotion of the publication of specialist publications;

14.

the award of persons who have acquired special merits in the field of veterinary professional work or of veterinary science or practical veterinary activity;

15.

the maintenance of relations with foreign interest groups;

16.

cooperation with veterinary universities for the education and training of veterinary surgeons;

17.

the operation of welfare facilities for the supply and support of chamber members, former members of the chamber and their survivors, as well as of economic institutions;

18.

the implementation of the election of the organs of the veterinary chamber and the appointment of the chamber staff;

19.

Conclusion of collective agreements as a legal representation of interests on the employer's side.

(3) The Tierärztekammer shall be responsible for the release of the following provisions in its own sphere of action:

1.

rules of procedure;

2.

The Order of Service;

3.

Circulation order;

4.

Guidelines on the extent and form of continuing education and training in veterinary medicine (education regulations)

5.

Directives on minimum standards of equipment and operation of practice and veterinary clinics, as well as the type and form of their designation (ordination guidelines);

6.

Arrangement of the Rules of Light;

7.

Honorary Regulations;

8.

the statutes of the welfare institutions;

9.

Contribution order to the welfare institutions.

Transmitted impact area

§ 13. (1) In the field of activity transferred, the Tierärztekammer shall carry out the following tasks:

1.

the list of persons entitled to practise the profession (veterinarian list);

2.

Acceptance of the registration and registration for the exercise of the veterinary profession;

3.

Issuance of confirmations of the registration in the veterinary list;

4.

Issuing and confiscation of the veterinarian's certificate;

5.

Withdrawal of entitlement to the exercise of the veterinary profession;

6.

Award and withdrawal of the authorisation to lead a specialist veterinary title;

7.

Confirmation of the additional qualification for the management of a home mortgage;

8.

Guided tour of a list of veterinary surgeons and veterinarians;

9.

the issuing of certificates in accordance with Article 38 of Directive 2005/36 EC;

10.

Issue of certificates on the lawful exercise of the veterinary profession in Austria pursuant to § 6 para. 7 of the Veterinary Act;

11.

receiving notifications on the temporary provision of veterinary services in accordance with Section 4a of the Veterinary Act and the verification of qualifications;

12.

Design and issue of ID forms in accordance with Article 8 (2) of Regulation (EC) No 998/2003 (pet cards);

13.

the establishment of the veterinary specialist areas for which specialist veterinary qualifications can be awarded and the establishment of the specialist veterinary inspection commissions;

14.

To issue regulations on specialist veterinary training and specialist veterinary examination;

15.

Determination of areas of further education according to § 14j Abs. 2 Z 3 Tierärztegesetz [Veterinary Act] and the release of a regulation on the examination according to § 14k of the Veterinary Act.

(2) For the procedures to be carried out in matters referred to in paragraph 1,

1.

the AVG shall be applied and

2.

The Tierärztekammer (Tierärztekammer) can raise cost-covering handling fees, which are to be paid according to a tariff system which it is to be issued and which is permanently accessible to the public on the homepage of the Tierärztekammer.

2. Main piece

Section 1

Organs

Organs of the Tierärztekammer

§ 14. Organs of the Tierärztekammer are:

1.

the Assembly of Delegates;

2.

the Management Board;

3.

President/President;

4.

the Supervisory Committee;

5.

the country vacancies/presidents;

6.

the departmental committees;

7.

the Board of Trustees

Delegates ' Meeting

§ 15. (1) The Assembly of Delegates consists of 27 delegates. Of these, nine persons are state delegates (one representative each or one representative of all veterinarians of a federal state) as well as 18 persons delegation delegates (representatives of the departments mentioned in section 9 (5) of the German Federal Republic of Germany). Ratio of their membership number). The Assembly of Delegates is chaired by the President of the Tierärztekammer.

(2) The Assembly of Delegates shall be convened at least once a year by the Chairperson or the Chairman, stating the subject matter of the negotiations (ordinary meetings of the Assembly of Delegates). The Rules of Procedure may provide that, at the request of the Executive Board or a certain number of delegates in important matters, further (extraordinary) meetings of the Assembly of Delegates shall be convened.

(3) The Assembly of Delegates is quorum in the presence of one half of the members entitled to vote.

(4) The members of the Assembly of Delegates shall be obliged to attend the meetings; however, they may be appointed by their alternates, respectively. Represent alternates.

(5) The Assembly of Delegates shall be responsible for:

1.

the decision-making on the release and amendment of the provisions referred to in § 12 (3) and in § 13 (1) Z 13 to 15 and (2) (2) (2);

2.

the examination and approval of the annual proposal (revenue and expenditure) of the Tierärztekammer;

3.

approval of the clearance of accounts of the Tierärztekammer as well as the discharge of the board;

4.

the decision to carry out a special examination of the building (Section 18 (4));

5.

the determination of the chamber environment to be established by the members of the chamber;

6.

the determination of the amount of allowances applicable to the officials and officials of the Tierärztekammer, the members of the Disciplinary Commission, the Disciplinary Board or the Disciplinary Board of the Disciplinary Board, respectively. the Disciplinary Authority and the investigators, or Female investigators, as well as chamber members, who are entrusted with the preparation, processing or execution of tasks under this Federal Law;

7.

the setting of contributions to the welfare institutions;

8.

Decision-making on the promotion of economic institutions of the veterinary and welfare institutions;

9.

the election and the convening of the Executive Board, the election and the convening of the members of the Supervisory Committee and their alternates;

10.

the election and the convening of the members of the Board of Trustees of the Welfare Institutions and their alternates;

11.

the election and the convening of the members of the Schlichtungsgoverning bodies and their alternates;

12.

the resolution of applications pursuant to § 26 (1) and (2) as well as the position of the application for the loss of a mandate as a member of the Assembly of Delegates at the Constitutional Court;

13.

the appointment and the convening of the Chamber Office Director or the Director of the Chamber, acting on a proposal from the Executive Board;

14.

the establishment of the veterinary specialist areas for which specialist veterinary qualifications can be awarded and the selection of the members of the specialist veterinary inspection commissions;

15.

the election of the members of the examination board in accordance with § 14l of the Veterinary Act;

16.

the establishment of negotiating committees, in any event setting up a committee to deal with the matters referred to in Article 12 (2) (2) (4) and (5), at least three of which are to be drawn up by the Association of Veterinary Doctors and official veterinarians (ÖVA) nominees, respectively assist representatives as external consultants;

17.

decision-making in all matters submitted to the Assembly of Delegates by another institution, provided that it does not fall within the sphere of activity of another institution as expressly laid down in law.

(6) The Assembly of Delegates shall be entitled, the members of the Executive Board and the President, respectively. to request the President of all matters relating to the term of office and to request all relevant information. In addition, each Each delegate has the right to address oral questions to the members of the Executive Board during the meetings of the Assembly of Delegates.

(7) The votes of the delegates shall be weighted in such a way that the number of chamber members represented by them is taken into account. In doing so, the voice of the national delegates is weighted by that factor which is the division of the number of chamber members registered on the date of reference (section 20 (2)) into the voter's evidences of the respective federal state by the number of the members of the chamber on the date of the closing date in the Veterinary list of registered chamber members. The votes of the department delegates shall be weighted by that factor which shall be the division of the number of chamber members entered in the voter's evidences of the respective department on the cut-off date by the number of the members of the department on the date of the reference in the veterinary list , divided by the number of departmental delegates established in accordance with paragraph 1, for the respective department. This factor is to be rounded to four decimal places.

(8) Unless otherwise specified in this law, the decision is made with a simple majority of votes within the meaning of paragraph 7, although the majority of the delegates ' votes are also required for a decision. The determination of the chamber conditions for the members of a department also requires the majority of the delegates ' votes of this department.

(9) Decisions reserved for the Assembly of Delegates shall be taken at the meetings (para. 2), unless all delegates agree in the individual case by written communication with the provision to be made and with the vote by written means (circulatory decision).

Board

§ 16. (1) The Executive Board shall consist of the President of the Tierärztekammer and four Vice-Presidents, respectively. -Presidents of the Tierärztekammer. The President The President shall chair the report.

(2) All matters which are expressly assigned to any other institution by this Federal Act or the Rules of Procedure shall fall within the remit of the Board of Management. The Management Board is responsible for the responsibility of the Supervisory Authority for the activities of the Tierärztekammer (Tierärztekammer) within its legal sphere of action. He is responsible for the fact that the organs of the Tierärztekammer fulfil the task price laid down by this Federal Act and that the decisions of the Assembly of Delegates are carried out.

(3) The Executive Board shall be appointed by the President, as required, at least quarterly, and at the request of at least three members. to be convened by the President within two weeks. The Board of Management is quorum in the presence of at least three members of the Board of Management; it shall take its decisions with a simple majority of votes. The the chairman is not voting. Where a vote results in a vote of votes, the application shall be deemed to have been accepted, to which the the chairperson shall accede.

(4) The Rules of Procedure may provide that the opinion of the members of the Management Board may also be obtained in writing or in any other appropriate, but in any case documented manner; however, decisions taken in the course of circulation need to be taken into account. the unanimity.

(5) The Board of Management, in urgent cases the President or the President, may appoint committees for the preparation of negotiating items for the Assembly of Delegates and for reporting to the Assembly of Delegates. Further details, including compensation for participation, shall be laid down in the Rules of Procedure.

(6) The members of the Board of Management shall be entitled to attend all meetings of the Assembly of Delegates without the right to vote and shall have the right to be heard at their request on the agenda items.

President/President

§ 17. (1) The President or the President shall be the list of the most votes cast in the election to the Board of Directors. The vice-presidents ' the Vice-President derides from her ranking in the list (the lists) for the election of the Board of Management and the ranking of the mandated mandates.

(2) The President or the President shall represent the Chamber of Veterinary Medicine to the outside and shall chair the meetings of the Assembly of Delegates and the Board of Directors. It is the responsibility of him or her to take the decisions of the Executive Board and, if nothing else is determined, the decisions of the Assembly of Delegates.

(3) The President or the President shall head the business of the Tierärztekammer and shall make all the business pieces.

(4) In the event of particular urgency and in those cases in which the Management Board is unable to take a decision within the time limit set by the authorities or courts, he or she shall also be subject to the decision to be granted ex post by the Board of directors.

(5) A Vice-President or Vice-President may only act in accordance with paragraph 2 to 4 if the President or the President is prevented or prevented from taking action in the event of his/her work. commissioned her to represent her. This does not affect the effectiveness of acts of representation. The first Vice-President, in whose/her prevention the second, are both prevented from being the third and are prevented by all three, the fourth Vice-President is prevented from being represented.

Control Committee

§ 18. (1) A control committee consisting of three chamber members shall be elected by the Assembly of Delegates for a period of four calendar years each. For each member, a deputy is also appointed as a substitute. a deputy elected.

(2) The control committee shall be responsible for controlling the collection of the veterinary chamber in respect of legality, economy, economy and expediency, in particular the verification of the closure of the accounts and the annual proposal of the veterinary chamber to the correct accuracy and cost-effectiveness. They may serve appropriate and empowered persons to meet their obligations, the costs of which shall be reimbursed from the budget of the veterinary chamber.

(3) The Supervisory Committee shall submit a written report to the Assembly of Delegates on the examination.

(4) All organs of the Chamber of Veterinary Medicine and the Chamber Office shall provide the Supervisory Committee with all necessary information and shall enable them to be included in the original documents. The Assembly of Delegates may request the Supervisory Committee by decision to carry out a special examination of certain parts of the building.

Section 2

Election of the Delegates and the Executive Board

Election of Delegates

§ 19. (1) An election commission shall be appointed at the seat of the Tierärztekammer (Tierärztekammer) for the purpose of conducting and conducting the election. It consists of two right-wing members-one from the ministry of health of the Federal Ministry of Health and one from the staff of the chamber office-as well as one member from each department of the Tierärztekammer, as well as three, of the country delegates designated members as representatives of the federal states. The Electoral Commission shall elect the Chairperson from among its members. the chairman, the person to be elected must be right-wing. The members of the electoral commission are to be ordered by the Federal Minister of Health or the Federal Minister for Health after hearing the Tierärztekammer. Any group (list) whose nomination has been published may be a confidant as an observer. Send observers to the electoral commission.

(2) Delegates shall be elected in accordance with the principles of proportional representation in a general, secret and equal choice. For each member of an elective list, a deputy is appointed as a substitute. to provide for a substitute, which which, in the event of an obstruction, has to represent the elected member of the Assembly of Delegates at the meetings of the Assembly of Delegates.

(3) The number of representatives assigned to the departments in the Assembly of Delegates, respectively Representatives shall be determined and determined in proportion to the number of their members by the Electoral Commission according to the number of members on the reporting date (Section 20 (2)), according to the System d' Hondt.

(4) The right to vote shall be exercised by means of official ballot papers by sending the ballot box containing the official ballot papers to the electoral commission (postal ballot). Election envelopes may not be opened by the Election Commission until Election Day; subsequently, the votes must be counted separately according to federal states and departments.

(5) The operating period shall be four years. In the case of possible post-and supplementary elections, the mandate ends with the end of the operating period. The re-election of the delegates has to take place within the last three months of the operating period.

Right to vote

§ 20. (1) All regular chamber members are without distinction for the election

1.

a representative or a representative (country delegate) of the federal state in whose voter evidence they are registered, as well as

2.

representatives of the department to which they belong (department delegates),

is actively eligible to vote.

(2) The persons entitled to vote shall be registered by the Electoral Commission on the basis of the entries in the Tierärzteliste, on the one hand separately by departments, on the other hand, separately according to federal states and to be entered in the voter's evidences. The date on which the right to vote is to be exercised shall be the Monday of the 12. Week before the election date.

(3) Each eligible chamber member shall be registered for the election of the State Delegates in that province in which the professional seat is situated; if there is no place of employment, the place of employment shall not consist either of a place of service or of a number of duty stations in the principal place of residence shall be the principal place of residence for registration in the voter's evidences; a person may only be registered in the voter's evidences in a Land.

(4) Each member entitled to vote is to be registered for the election of the departmental delegates in the department which is a member under the provisions of § 9; a person may only be registered in the voter's evidences of a department. Disputes concerning the competence of the department are to be decided in accordance with Section 9 (8).

Passive Electoral Law

§ 21. (1) Selectable as delegate or delegate as well as their deputy or his/her deputy or Deputists are all regular chamber members in the voter's evidences of the respective federal state. of the respective department, other than members of the chamber who have been temporarily deprived of the power to exercise their profession on the basis of a knowledge of the Disciplinary Commission.

(2) A person may only exercise a mandate in the Assembly of Delegates.

Vote of preference

§ 22. (1) Each voter/voter Each voter may each award a preferred vote for a candidate of that list of the federal state and of the department elected by it or him.

(2) A preferred vote may be given by the registration of the name of the candidate or of the candidate in the free space provided for this purpose on the official ballot. The registration shall be valid if it is clear from it which candidate or candidate of the elected list wished to designate the voter or voter. This is the case, in particular, where the registration of at least the family name or surname of the candidate-in the case of candidates or candidates of the same list with the same name-is a corresponding distinguishing feature (for An example of the number of numbers in the list, the first name or the year of birth)-contains.

(3) The name of a candidate or candidate shall be deemed to be unsettled if several female candidates or candidates are not present. candidates have been designated or the recorded list does not run on the selected list.

Election of the Executive Board

§ 23. (1) The Board of Directors is elected by the Assembly of Delegates.

(2) Only lists consisting of five Executive Board candidates may be elected for the election of the Executive Board. -candidates as well as at least three substitute members. The candidates Candidates as well as the substitute members must be eligible for the purpose of § 21. An election proposal must be supported by at least five delegates.

(3) A list shall be deemed to be a team if they are united in at least five sixth of the valid votes cast (§ 15 (7) and (8)). In the absence of a list of the majority of votes, the mandates of the Management Board shall be determined in accordance with the System d' Hondt, and the candidates referred to in the individual nominations shall, in accordance with their series, be determined by the nominations referred to in the nomination. Allocated mandates.

(4) The operating period shall be four years.

(5) A member of the Board of Management may not be a member of a body referred to in § 14 Z 1 and Z 4 to 7. If a member of such an institution is elected to the board of directors, the election of a member of the executive committee shall be considered to be a call and the next member of the electoral list, which belongs to the member of the board of directors, shall move to the next member. If the reason for the fame (departure from the board) is eliminated, the previous function will be taken again and the function or function will be taken into account. the functionary, the who has held the mandate, shall return to its original position in the list.

Electoral Regulations and Angelobung

§ 24. (1) The more detailed provisions relating to the electoral procedure, in particular the composition of the electoral commission, the tendering of the elections, the registration and registration of the persons entitled to vote, the election advertising, the official ballot papers and the Voting and investigation procedures in the elections are to be determined by the Federal Minister of Health or the Federal Minister of Health by Regulation (Tierärztekammer-Wahlordnung).

(2) Before taking office, the members of the Board of Management shall, by means of a handshake by the Federal Minister or the Federal Minister of Health, have a plea to comply with the laws and to faithfully fulfil their obligations.

(3) Before taking office, the elected members of the Assembly of Delegates and their alternates shall have a pledge to comply with the laws by handshake the President of the Veterinary Chamber or the President of the Veterinary Chamber. and to comply with the faithful fulfilment of their obligations.

Section 3

End of function

Leaving the function

§ 25. (1) The term of office of elected bodies shall be four years from the date of the election, but in any event until the date of the fishing of the newly elected bodies.

(2) Members of elected bodies and their alternates, or Alternates during the period of the institution's function

1.

the right to vote, or

2.

as a national delegate, the right to stand as a candidate for the respective Land or

3.

as a department delegate, the right to stand as a candidate for the department concerned

lose, divorce with immediate effect from their office.

(3) Members of the Assembly of Delegates, their alternates or Alternates, members of the Supervisory Committee or their alternates, or Representatives of the Board of Trustees or members of the Board of Trustees or their alternates Vice-Presidents who renounce their mandate during the period of the institution's term of office (resign), have this to the President, in writing to the President. If the President or the President or a Vice-President, a Vice-President, the resignation shall be made in writing to the Federal Minister, respectively. to explain to the Federal Minister of Health.

(4) When a mandatarin is separated, or of a mandate as referred to in paragraph 2 or 3 and in the event of the death of a Member, the President, or the President shall pronounce the extinguishing of the function and the next member of the electoral list who has been a member of the outgoing or deceased member shall be moved to the next member. Where the President is leaving the President, the President, is the erasal of their of its function by the Board of Directors.

(5) The provisions of paragraphs 1 to 4 shall apply mutatily to substitute members.

(6) If a member of the Executive Board is likely to prevent permanently (longer than one year), the President shall have the right to the President to cancel the function. Where the departure of the President is concerned, the termination of his duties shall be made by the Board of Directors. As a consequence, paragraph 4 shall be followed.

Mandate Loss

§ 26. (1) In the event of a gross violation or neglect of the duties imposed on the members of the Assembly of Delegates by this Federal Act, the Board of Management shall have the resolution of the Assembly of Delegates on the application for loss of the To arrange for a mandate from the Constitutional Court.

(2) The elected board, the control committee and the board of trustees can be distrusted by the Assembly of Delegates. Thus, the function of the institution ends by convening. A request for a dismise may be made by any member of the Assembly of Delegates. The application must be submitted in writing to the Tierärztekammer and must be supported by at least six other members. In order to deal with the application, an invitation to a meeting of the Assembly of Delegates shall be sent immediately, but no later than one month after the request has been made. The sitting of the vote on the request shall be held at the earliest six weeks and at the latest eight weeks after the request has been received. A request for a dismise is accepted if it receives the approval of the majority of two thirds of the votes cast (Section 15 (7)) and the majority of the members of the Assembly of Delegates according to heads.

(3) If the Management Board is dismissed, a re-election of the Executive Board shall be carried out. In this case, the functional period of the new board will end with the original end of the operating period.

(4) In accordance with Section 25 (4), the individual mandataries or function carriers are to act on the basis of a constitutional court decision, a vote of no confidence or a dismise.

Supplementary elections and continuation of the business

§ 27. (1) If the post-occupation of functions according to § 25 cannot be effected, because no more selected substitute member is available, supplementary elections are to be carried out for the corresponding functions. The provisions of the second section shall apply mutatically, with the function of the members of the institutions elected in this way ending with the end of the period of the institution's function.

(2) If, in the case of paragraph 1, the continuation of the business is to be continued until the start of the fishing of a new Executive Board or a new President or of a new president by the outgoing institution is not possible, has the Federal Minister, the Federal Minister of Health for the Tierärztekammer (Federal Minister for Health), a government commissioner or to appoint a government commissioner to carry on the necessary business and to immediately arrange new elections. The government commissioner or The government commissioner is to be ordered from the circle of staff of the Federal Ministry of Health. You or He is a two-member advisory board from the circle of the organist of the Tierärztekammer to be put aside. The costs arising from the appointment of a government commissioner to the federal government must be borne by the Tierärztekammer (Tierärztekammer).

3. Main piece

Section 1

Organisation of the Tierärztekammer

Chamber Office

§ 28. (1) The Chamber Office has to perform the technical and administrative tasks necessary for the performance of the duties of the Tierärztekammer. The Chamber Office has in particular:

1.

the decisions of the organs of the Tierärztekammer shall be carried out impartially,

2.

draw up the opinions requested by the organs of the Tierärztekammer;

3.

to submit appropriate proposals to the organs of the Tierärztekammer; and

4.

to provide information and advice to the members of the Chamber.

(2) The Chamber Office shall be provided in a personal and factual manner in such a way that it is capable of performing the tasks referred to in paragraph 1.

(3) The staff of the Chamber Office shall be the President of the Chamber. appointed by the President by service contract.

(4) The service, salary and pension rights of all staff members of the Chamber Office shall be regulated by the Rules of Service.

Chamber Management

§ 29. (1) A chamber-office director is responsible for the management of the chamber office. to appoint a chamber office director. You or He is appointed by the Assembly of Delegates on a proposal of the Executive Board and is appointed by service agreement (§ 28 para. 3).

(2) The Chamber Office Director the Director of the Chamber is the President of the directly subordinate to the President and/or to that instruction.

(3) The Chamber Office Director the director of the chamber office shall be the immediate service manager or immediate staff of the staff of the Tierärztekammer. You or he is responsible for the internal organization of the chamber office and in doing so he has to work towards the most efficient and economical performance of the tasks. You or it may be the official supervisor of the staff employed in the national offices, provided that appears to be necessary in the sense of the Rashness, expediency and cost savings, the President of the Land Office, or Transfer to the President of the State Office (§ 30).

(4) The Chamber Office Director The Director of the Chamber is responsible, in particular, for the conduct of the current business as well as the management of the veterinary list, a member evidency and the advance notice of the disciplinary sanctions imposed.

(5) The Chamber Office Director the Director of the Chamber is entitled to participate in the meetings of all organs of the Chamber of Veterinary Medicine and of the meetings in accordance with § 32 (1) and (4) in the countries; but he does not have the right to vote.

Country

§ 30. (1) In each federal state, a national office of the Tierärztekammer shall be established. The Landesstelle shall be a member of the Land Office or the Land Delegate as President of the Landesstellenpräsident/ President of the State Office, who who, in this function, is also appointed by his deputy, his deputy (Section 15 (4)) as the Vice-President of the Land Office, or Country Vice President is represented.

(2) The Landesstellenpräsident/ the President of the State Office and the the deputy or Alternates as well as those two persons who, in their federal state, are elected by the System d' Hondt in the election (§ 19) of the representative, or The representative of the respective federal state has been ranked second and third place, and their deputists form the Land Committee. The task of the Land Committee is to provide advice on the concerns of veterinary surgeons in the country.

(3) From the Landesstellenpräsident/ In accordance with the requirements of the Tierärztekammer (Tierärztekammer), without prejudice to the provisions of paragraph 4, the Federal Office of the Office of the Office of the Federal Office shall

1.

representation within the country;

2.

the organisation of county-level medical representatives;

3.

Treatment of complaints against veterinarians;

4.

Participation in the control of the Ordinations and veterinary skin pharmacies;

5.

Matters to be regulated at the country level

a)

the ante-mortem and post-mortem inspection,

b)

of the Animal Health Service,

c)

animal husbandry and

d)

of animal welfare.

(4) The Board of Management may further matters of its own sphere of action, without prejudice to the responsibility of the Executive Board of the Landesstellenpräsident/ transfer to the president of the country for errands on behalf of the board of management.

(5) In the transferred matters referred to in paragraphs 3 and 4 above, the members of the national authority concerned shall be bound by the instructions of the Executive Board and shall be responsible for that.

(6) In order to carry out the tasks referred to in paragraphs 3 and 4, branch offices of the Chamber Office may be established in the countries (Landesoffices), provided that it appears in the sense of the Raschheit, expediency and cost savings.

Department Committee

§ 31. (1) The elected departmental delegates of each department and their alternates, respectively. Alternates shall form the departmental committee. You select a department spokesperson from the centre of your choice. a department spokesperson and their the deputy or Deputy.

(2) The departmental committee has to hold a meeting twice a year to advise on the matters of the department. The convening of the departmental committee meeting is by the department spokesperson or to make the department spokesperson and this shall be chaired by the Assembly.

(3) The members of the departmental committee shall be obliged to participate in the meetings referred to in paragraph 2.

(4) The departmental committees of the department of the self-employed and the department of employees shall be responsible for:

1.

the nomination of the members of the Disciplinary Commission to be ordered from their department; and

2.

the possible pre-consultation of items that are to be negotiated in the Delegate Meeting.

(5) Furthermore, the department of self-employed persons is responsible for participation in the regulation of working conditions, in particular the conclusion of collective agreements on the employers ' side.

6. The departmental committee shall have a quorum in the presence of at least three-fifths of the members; it shall take its decisions with a simple majority of votes. Where a vote results in a vote of votes, the application shall be deemed to have been accepted by the department spokesperson, or to join the department spokesperson.

(7) Each departmental committee may also transmit information to the eligible chamber members of its department by way of electronic mail. Mass consignments which serve to fulfil the tasks assigned to the departmental committees do not require the consent of the recipients.

Communication

§ 32. (1) Each provincial office of the Tierärztekammer has a general meeting once a year, at the invitation of all the chamber members entitled to vote in their area, as well as the department spokespersons. Department spokesman and the board of management.

(2) Each country office may also transmit information through electronic mail to the members of the chamber who are entitled to vote in their respective areas. Mass consignments which serve the performance of the tasks assigned to the national authority do not require the consent of the recipients.

(3) The chamber members of one or more districts shall elect a veterinarian for a period of four years, respectively. a veterinarian from her district to the councilor's county representative to the District Office Medical Representative and another veterinarian, respectively another veterinarian to the county physician's deputy to the district doctor's representative. As a matter of principle, county-level doctors ' representatives are To choose district doctors ' representatives for each district of a federal state, however, for reasons of expediency, several districts-including cities with their own statute-can join together. More details, in particular the electoral procedure, should be laid down in the Rules of Procedure.

(4) District Physicians ' representatives District doctors ' representatives have to be invited to a meeting twice a year by the Landesstellenpräsident or the respective country office president. They are obliged to take part in these meetings as well as the general meetings in accordance with paragraph 1 and have to receive compensation for this activity.

Section 2

Gebarung

Budget

§ 33. (1) The Board of Directors has the annual Delegate Meeting

1.

until 30 November, the annual estimates for the next calendar year, and

2.

until 31 May at the latest, the closure of the accounts for the previous calendar year

.

(2) After discussion of the report of the Supervisory Committee on the closure of the accounts, the Assembly of Delegates shall adopt a position and decide on the granting of the discharge of the Management Board.

(3) Before the end of the calendar year, the Assembly of Delegates shall not decide on an annual estimate or, until that date, shall not be subject to an annual estimate for other reasons, it shall be adopted in accordance with the previous annual estimates, with expenditure within a single month, only in the maximum amount of one twelfth of the budget of the past year.

Cover of costs

§ 34. (1) The costs of the Tierärztekammer shall be covered by :

1.

Chamber relays;

2.

the certificates flowing from the property or the economic institutions of the Tierärztekammer, with the exception of the welfare institutions;

3.

other revenue, such as financial penalties, disciplinary penalties, fees, donations and donations which the Tierärztekammer (Tierärztekammer) has to grant to its legal personality.

(2) The administrative costs associated with the operation of economic entities shall be applied from their resources.

Chamber surrounds

§ 35. (1) In order to dispel the personnel and personnel costs, the effort for the institutions and the other financial requirements for the performance of the chamber tasks, except for the welfare facilities, the Tierärztekammer (Tierärztekammer) shall lift all the Chamber members include a chamber circulation system.

(2) The height of the chamber conversion is to be determined by the Assembly of Delegates. Where:

1.

economic performance,

2.

the nature of the profession, and

3.

the type of membership (Full Member/Extraordinary Member)

of the members of the Chamber, the amount of the charges may be determined in terms of amount or in relation to a base of assessment. The system of relocations may provide for a minimum amount for chamber transhipment, as well as the possibility of exemption from performance. Mandatory members who have been temporarily deprived of the right to practise their profession on the basis of a knowledge of the Disciplinary Commission, as well as vacant mandatory members who have been reported as seeking work, are at their request-for the duration of the of the performance of these circumstances-in any case, to exempt them from the performance.

(3) In the order of circulation, it is to be settled in terms of maturity as well as with regard to the form and timing of the rectification of the chamber circulation; in this case, from the point in time of the due date, default interest rates and the pre-writing of payment fees, which are to be found at the time of the payment of the order of the order, can be the actual costs are based.

(4) First instance of the proceedings relating to the chamber conversion is the President the President. Decisions of the President The President shall have the right of appeal to the President of the President. The board of directors decides in final instance; the President or the President is not entitled to vote. In such procedures, the AVG is to be used.

(5) Repositions shall be included in the administrative procedure. The Tierärztekammer (Tierärztekammer) is entitled to request arrears as well as interest on arrears and reminder fees, with the establishment of a payment period with a residue card. This document is an outline in the sense of § 1 of the Executive Order, RGBl. No. 79/1896.

Remuneration for chamber activities

§ 36. (1) The President and Vice-Presidents of the Chamber of Veterinary Medicine and the Vice-Presidents of the Chamber of Veterinary Medicine, as well as the presidents of the Länder. National office presidents and their alternates Deputies shall be entitled to a monthly allowance, which shall correspond to the extent of their official duties and to the burden of representation costs.

(2) The amount of the remuneration referred to in paragraph 1 shall be determined by the Assembly of Delegates.

(3) The allowances to be paid to the other functionaries of the Tierärztekammer, as well as to the cash outlays due to them on the basis of the activity for the veterinary chamber, shall be paid to them in the manner and to the extent to which they are paid, such as: the Rules of Procedure.

(4) Allowances shall not be considered as income from veterinary activities.

Section 3

Prudential and supervisory law

Right of instruction

§ 37. (1) The Tierärztekammer (Tierärztekammer) is subject to the instructions of the Federal Minister of the Federal Minister of Veterinary Medicine, of the Federal Minister of Health.

(2) The annulment of illegal decisions is the responsibility of the Federal Minister, respectively. the Federal Minister of Health.

(3) The Tierärztekammer (Tierärztekammer) has, in the case of regulations in the transferred sphere of action, the principles laid down in federal legislation in respect of the appropriate legal language, legal technology and formal design, to be applied in the consideration.

(4) The Tierärztekammer (Tierärztekammer) has all the drafts of regulations in the area of action

1.

subject to a review procedure, with the relevant assessment bodies being submitted by the Federal Minister of the Federal Republic of Germany, respectively. are to be determined by the Federal Minister of Health,

2.

to carry out a detailed evaluation of the opinions and opinions; and

3.

together with the evaluation according to Z 2 of the Federal Minister to submit to the Federal Minister for Health in good time before the decision is taken that this or which can restore the draft improvements, in particular if they are in breach of existing rules.

(5) The Tierärztekammer (Tierärztekammer) has regulations in the transferred sphere of action immediately available on the Internet on its homepage in general accessible and permanently accessible. These provisions shall enter into force on the Internet at the end of the day of release for interrogation on the Internet, provided that they do not provide for any other entry into force.

(6) The organs of the Tierärztekammer shall be relieved of their function by the supervisory authority if they do not comply with instructions in the field of action transferred, and the veterinary chamber, within the limits of the legal possibilities, shall not itself provide the necessary information Measures shall be taken, provided that they are accused of intent or gross negligence and that no other means which the Federal Minister for Health or the Federal Minister of Health can make available to produce the necessary condition is sufficient.

Supervision of the Tierärztekammer

§ 38. (1) The Tierärztekammer (Tierärztekammer) is subject in its own sphere of action to the supervision of the Federal Minister of the Federal Minister of Health (supervisory authority).

(2) The Tierärztekammer (Tierärztekammer) is obliged to provide the supervisory authority with the information necessary for the performance of the supervisory authority.

(3) The Supervisory Authority may request decisions taken by the Tierärztekammer on a case-by-case basis for submission. The Tierärztekammer (Tierärztekammer) is obliged to present these decisions to the supervisory authority.

(4) The Supervisory Authority shall repeal the decisions referred to in paragraph 3 above, provided that it infringes existing provisions. § 39 shall apply for the annulment of decisions on provisions pursuant to section 12 (3).

(5) The organs of the Tierärztekammer shall be unveiled by the supervisory authority of their function if they:

1.

neglect their tasks, or

2.

Quorum

and the Tierärztekammer (Tierärztekammer) does not itself take the necessary measures within the scope of the legal possibilities provided that they are accused of intent or gross negligence and that no other person is responsible for health and safety at the Federal Minister of State or the Federal Minister for Health it is sufficient to produce the necessary condition.

(6) In the event of an impeachment due to a quorum in accordance with Section 27 (2), the procedure shall be based on the provisions of Section 27 (2).

Regulations in their own sphere of action

§ 39. (1) In any event, the Tierärztekammer shall submit the provisions adopted by it in accordance with Section 12 (3) in its own sphere of action after the decision of the supervisory authority.

(2) The Tierärztekammer (Tierärztekammer) has regulations pursuant to § 12 (3) without delay on the Internet on its homepage in general accessible and permanently accessible. These provisions shall enter into force on the Internet at the end of the day of release for interrogation on the Internet, provided that they do not provide for any other entry into force.

(3) The transfer and contribution regulations, as well as changes in the system of contributions and contributions, may also be retroactive by the Tierärztekammer (Tierärztekammer) with a view to the associated contribution and performance obligations. Jänner of the calendar year for which the scheme has been adopted shall be put into effect.

(4) The supervisory authority shall repeal the provisions referred to in paragraph 1, provided that it is in breach of the provisions of this Federal Act or other statutory provisions.

(5) If only individual provisions are unlawful and the enforceability of the provision is ensured in spite of the absence of these unlawful provisions, the supervisory authority may, instead of repealing the Regulation, be able to apply one to those provisions. The provisions of this Regulation shall be subject to the provisions of the Regulation.

(6) The repeal of the provision shall result in the expiry of the rule at the time of its repeal. The repeal of individual provisions shall result in the expiry of those provisions at the time of their repeal.

(7) The Tierärztekammer (Tierärztekammer) has the cancellation or partial lift immediately available on the Internet on its homepage generally accessible and permanently accessible.

Approval of disciplinary orders

§ 40. The approval of the supervisory authority shall require the appointment of the disciplinary lawyer or the disciplinary board and the members of the disciplinary commission not appointed by the supervisory authority, as well as the respective deputies and/or Deputy.

4. Main piece

Section 1

Welfare institutions

Funds

§ 41. (1) The Tierärztekammer (Tierärztekammer) has established as joint facilities for chamber members, former chamber members and their surviving family members and survivors, registered partners and welfare funds. These funds form an assigned special fund of the Tierärztekammer and do not have their own legal personality.

(2) In order to support, for reasons of age or health, temporary or permanently incapaciated chamber members, former members of the chamber and their surviving family members and surviving members, Partners Partner is a supply fund at the Tierärztekammer (Tierärztekammer).

(3) In the case of the death of a member of the chamber or former member of the chamber, a death certificate shall be provided for the unique support of the survivors in the case of death of a member of the chamber or former member of the chamber.

(4) To assist in the distress of members of the chamber, former members of the chamber and their surviving members of the family and of surviving registered partners, or A partner is an emergency fund at the Tierärztekammer.

(5) Changes in the statutes of the welfare institutions and of the contribution order must be made in the light of the rights of the right of residence and the protection of legitimate expectations.

Trustees

§ 42. (1) The Body of the Veterinary Chamber to decide on:

1.

fund membership;

2.

the deferment of contributions in the cases considered,

3.

the right to fund services and

4.

the exclusion of chamber members from one of the funds

is the trustee.

(2) The Board of Trustees must be members of five members of the Board of Delegates for the duration of four calendar years. In the selection of the members, care must be taken to ensure that the groups represented by the veterinary surgeons (self-employed veterinarians, employed veterinarians, women/men) are represented accordingly. At least one member must already be entitled to benefits from the Supply Fund. The Board of Trustees elects from its centre the chairperson or the chairman and the the deputy or Deputy.

(3) The Board of Trustees decides by decision. Decisions of the Board of Trustees shall be open to the Board of Directors of the Tierärztekammer. In such procedures, the AVG is to be used.

(4) The personnel required for the performance of the Board of Trustees shall be appointed by the Chamber Office after hearing the Board of Trustees.

(5) The effort required for the performance of the Board of Trustees, including the proportional personnel costs, shall be borne from the funds of the Fund.

Administration and predisposition

§ 43. (1) The management of the welfare funds shall be managed separately from the administration of the remaining chamber assets.

(2) The expenditure necessary for the management of the funds, including the pro-rata costs, shall be borne by the funds of the Funds. The administrative burden of the Funds shall not exceed a market-based and reasonable level of expenditure.

(3) The statutes of the welfare institutions may provide for guidelines for the assessment of the welfare assets. If no directives are issued in the statutes, the principles of § 25 of the Pensionskassengesetz (PKG), BGBl, are in the apportionment. No 281/1990, should be applied in the appropriate way.

(4) In the management of the Fund, the Tierärztekammer may be external counsellors. Advising and advising them as independent experts Experts in the deliberations of their institutions relating to asset management and investment.

Application of the Fund

§ 44. (1) The funds of the Funds shall be financed by:

1.

contributions from the members of the Fund,

2.

extraordinary grants,

3.

fund services not used,

4.

The assets of the fund's assets.

(2) For the financial guarantee of benefits from the welfare funds, welfare fund contributions shall be drawn into consideration, taking into account the financial requirements, their permanent existence and their performance.

(3) The financing of the fund's services shall be based on the transfer procedure, the capital coverage procedure, the dispute settlement procedure or other recognised actuarial procedures.

Contribution and performance

§ 45. (1) All regular members of the Tierärztekammer shall be obliged to provide welfare fund contributions in accordance with the following provisions and the contribution regulations, and shall be entitled, in accordance with the following provisions and of the statutes of the Welfare institutions to take benefits from the funds.

(2) The Statutes of the Welfare Institutions and the Contribution Regulations shall specify the reporting and performance-related data of chamber members to be reported without delay. In the event that such data are not, or are not fully transferred to the welfare institutions, in spite of a verifiable request after the expiry of a reasonable period of grace, it may be specified in the statutes that for the period up to for the submission of the contribution and performance data, the corresponding maximum contribution shall be determined.

(3) For the duration of membership of one of the Funds, unless otherwise determined by this Federal Act, the members of the Fund shall be obliged to perform the contributions of the contributions made for the Fund. Members of the Fund who have been temporarily deprived of the right to practise their profession on the basis of a knowledge of the Disciplinary Commission, and have become vacant mandatory members who are registered as seeking employment-for the duration of the application -the performance of these circumstances-to be exempted from the performance

(4) If a fund member is entitled to benefits from a fund and if it is in arrests with his contributions, the outstanding contributions shall be offset against the performance.

(5) beneficiaries of a performance of the Funds, with the exception of survivors, must have acquired benefit entitlements through the payment of contributions.

(6) More details on the maturity and stoning, the form and timing of the collection and settlement of contributions to the Funds, as well as on any installment payments of contribution liabilities, shall be determined by the Articles of Association; moreover, the Articles of Association may also: Interest on late payment of up to 10 vH of the contributions due and an administrative cost contribution which must be based on the actual costs of the contribution.

(7) If the application for benefits is submitted within six months of the existence of the eligible circumstances, the benefits shall be charged with the following month's serts at the time of the application, otherwise the following month shall be charged with the following month's serts. For months. In justified cases, the Board of Trustees may grant exemptions.

Contribution of contributions

§ 46. (1) The advance of the fund contributions shall be in the form of residues, such a document shall constitute an outline within the meaning of Section 1 of the Executive Order. If an objection is made against the residue certificate, the to the individual on their to make a notification of the obligation to make a notification.

(2) If a member of the Fund remains in arrears with his contributions in spite of a reminder, it shall exclude the Board of Trustees from the fund in question, unless Article 49 (2) applies. The details shall be determined by the Statute. Paragraph 5 shall apply mutatily.

(3) Unduly paid contributions shall not be refunded if they are not recovered within two years from the date of notification of the unlawfulness.

(4) Claims for fund services shall be subject to a period of time within two years. If there are valid reasons, the Board of Trustees can grant exceptions. Moreover, the provisions of the civil law shall apply to the statute of limitations.

(5) Fund services which have been wrongly provided can only be recovered within two years.

(6) With the withdrawal from the Funds, all claims to the death treasury and to the emergency fund shall be extinguissed; paid contributions shall not be reimbursed.

Section 2

Pension funds

Pension fund members

§ 47. (1) The membership of the Supply Fund shall cover all members of the Tierärztekammer (members of the Board of Veterinary Medicine).

(2) taken out of membership of the pension fund

1.

extraordinary chamber members;

2.

ordinary chamber members who

a)

carry out the veterinary profession exclusively in an employment relationship which does not exist for self-employed veterinary surgeons, veterinarians or veterinary surgeons, or

b)

are in a public service relationship, or

c)

from a public service relationship, relate to a tranquility (supply), or

d)

demonstrate that they have an almost equivalent right to rest (supply) on the basis of belonging to a professional service in the territory of another Member State of the EU, another EEA Contracting State or the Swiss Confederation.

(3) From belonging to the Supply Fund, ordinary members of the Chamber shall be required to submit a request to the Chamber if:

1.

demonstrate that they exercise the veterinary profession solely in an employment relationship; and

2.

in this case gross monthly gross less than the judge's rate in accordance with § 293 para. 1 lit. a sublit. bb of the General Social Security Act-ASVG, BGBl. No. 189/1955, earn 14 times a year.

(4) The persons referred to in paragraph 2 and 3 may join the pension fund on a voluntary basis, provided that they make the corresponding repayments.

Benefits

§ 48. (1) Benefits shall be granted from the resources of the Supply Fund

1.

to eligible chamber members in the event of age and of temporary or permanent incapacity to work;

2.

to children of female recipients, recipients of an old-age or invalidity pension,

3.

at survivors in the event of the death of an eligible chamber member, and

4.

to former members of the Chamber and their survivors, provided that a corresponding claim has been acquired through the payment of contributions and that no one-off payment has been made (Section 50 (6)).

(2) The following pension benefits shall be granted from the resources of the Supply Fund:

1.

age support,

2.

Occupational disability support,

3.

Survivor support:

a)

Widows and widows support,

b)

Support for surviving registered partners partners and

c)

Orphan support.

Contributions to the Supply Fund

§ 49. (1) The amount of contributions to the pension fund shall be determined by the Assembly of Delegates of the Tierärztekammer in any case every three years on the basis of actuarial accounting standards, in such a way that the building of the Fund is likely to be will be balanced. Depending on the type of activity, the level of actual income and the age of the entry, the amounts can be included in the contributions and deductions from the contributions.

(2) Fund members receiving benefits from the Supply Fund shall be exempt from the payment of contributions for that period.

(3) Fund members must either have the minimum contribution months in order to obtain full age support or repay those contributions which apply to the period of their earliest possible and actual entry into force. had. The repayment is to be increased by 5 vH for each repayment year. The earliest possible date of entry shall be deemed to have been the case until then for the persons concerned or the person concerned was not obliged to contribute to the achievement of the 35. The following month's most of the year. If the entry takes place after the 55. A repayment of fund contributions shall no longer be permitted.

(4) The Minimum Contribution Months must be fixed by the Assembly of Delegates in the Statutes on the basis of actuarial calculations and may not be less than 360 months and not more than 420 months.

Age support

§ 50. (1) Fund members who are no longer engaged in their profession shall have the completion of the 65. Life-year entitlement to benefits from the pension fund; fund members who continue to pursue the profession shall be entitled to this entitlement by the completion of the 68. Life Year.

(2) For female fund members who are born in the periods specified in the following table, the members of the Fund shall replace the 65 referred to in paragraph 1. Year of life the year of life cited in the right hand column:

until 31.12.1963

60. Year of life

1.1.1964 to 31.12.1964

61. Year of life

1.1.1965 to 31.12.1965

62. Year of life

1.1.1966 to 31.12.1966

63. Year of life

1.1.1967 to 31.12.1967

Age 64

(3) Female fund members, which after completion of the 55. Year of age and male members of the Fund, after the completion of the 60. A pension is granted from a statutory pension insurance scheme, have the right to receive early retirement benefits from the pension fund. This age support is 50 vH of the respective age support, which after achievement of the in para. 1 and/or The provisions of paragraph 2 of this Regulation would apply. An increase in this set of hundreds after the attainment of the sentence in paragraph 1 or Paragraph 2 of this Regulation shall not apply.

(4) If, after the award of an age support pursuant to para. 1 or 2, a veterinary activity is resumed, the duration of this activity shall be up to the completion of the 68. No entitlement to age support for life years.

(5) Age support shall be composed of a basic service and an additional benefit. The basic benefit for full age support is 530 euros fourteen times a year. The 13. Monthly amount is in June and 14. Monthly amount to be paid in November.

(6) The amount of the additional benefit shall be redefined by the Delegate Assembly of the Tierärztekammer at the latest every three years to the full euro. In doing so, the additional performance shall be determined on the basis of actuarial calculations and with a view to a bid to be balanced in a balanced way.

(7) If a Member has made less than the minimum contribution months, the claim against the Supply Fund shall be reduced accordingly; the result shall be rounded up to full euro. If a member has made less than 120 monthly contributions, the statutes may provide for a one-time capital settlement calculated on the basis of actuarial principles. If a member has made less than 13 months of contributions, there is no entitlement to a capital settlement or an aliquot age support.

(8) The statutes may provide for differentiated contributions and benefits in the context of the compulsory membership of the pension fund, provided that this is likely to continue to be balanced in a way that is likely to be balanced.

Support in the case of permanent invalidity

§ 51. (1) If a member of the Fund is permanently unable to pursue a profession because of his/her state of health, he/she shall be assisted to the extent of the age support which would be charged to the Fund member if it is to be paid on the time of the entry of the permanent member. Invalidity already 65. Life year would have been completed. Such support shall not be due until the age of 13. Contribution month.

(2) The permanent incapacity to work is present if the occupational inability to work in accordance with the ASVG or permanent incapacity to work according to the Industrial Social Security Act (GSVG), BGBl. No 560/1978, or incapacity for service under a public service contract.

(3) The Board of Trustees may, in justified individual cases, also be able to accept permanent invalidity in cases where the conditions laid down in paragraph 2 are not met; in such cases it shall be granted in any case if the fund member Because of his physical and mental state, he is constantly unable to pursue the profession of veterinary medicine and the 60. Year of life has already passed.

(4) In order to support permanent incapacity for work, children's allowances may be granted up to a total of 50 vH of the support due to the Fund member.

Survivor support

§ 52. (1) Survivors ' support is due to the widow or the widower or the surviving partner, or the surviving registered partner of a fund member, unless the marriage is only after the attainment of the 65. The life of the deceased has been concluded or the partnership has not been registered until after that date.

(2) The right to a survivor's support shall be terminated if:

1.

the widow or widower is reunited or entered into a registered partnership, or

2.

the surviving registered partner or registered partner enters into a new registered partnership or is in a position to become a registered partner.

(3) Minor orphans or half-orphans should be given orphan support if and as long as they are unable to obtain themselves. If the conditions for family allowances are met, the orphan's support may continue to be granted after the age of majority has been granted majority.

(4) The extent of the survivor's support is:

1.

For the widow, the widower, the surviving registered partner, or the surviving registered partner, 60 vH of the age support of the the deceased,

2.

for full orphans 30 vH of the age support of the the deceased,

3.

for half-orphans 15 vH of the age support of the the deceased.

(5) The support for widows and widows and support for half-orphans should not exceed the level of age support (§ 50) if the children are living in the common household with the widow or widower. If there are more than three uncared minor children, the Board of Trustees may, at the request of the surviving spouse, increase the total amount of the survivor's support by up to one and a half times the age support.

(6) If the Fund member has not yet received any age support, the survivor's support shall be calculated from the age support which would have been due to him if at the time of death the 65 years support is provided. It would have already been completed.

Temporary incapacity to work

§ 53. (1) In the case of temporary invalidity, the Fund member, who is also a member of the pension fund at the time of the temporary incapacity for invalidity, shall be assisted, in any case, to the extent of full age support; but not more than 12 times a year. This support should also be given to female fund members in the sense of the first sentence for two months before and after the birth. Such support shall not be due until the age of 13. Contribution month.

(2) A member of the Fund temporarily becomes incapacitated if it is temporarily unable to carry out a veterinary activity because of its physical or mental state. Section 51 (2) shall apply mutacally with the proviso that female fund members shall, when receiving support for temporary invalidity due to a childbirth, have the expected date of birth by means of a medical certificate and to prove the birth by presenting the birth certificate.

(3) The granting of temporary invalidity assistance shall be granted only for a period of at least 30 days, in the case of a spa or recovery period of 28 days approved by a social security institution, of the period of time of the Invalidity allowed. Less than 30 days No account shall be taken of 28 days of invalidity.

(4) If the right to support for temporary invalidity has fallen due to expiry of the maximum period of twelve times 30 days, a new entitlement to support for temporary invalidity may not be re-established until the end of the period of validity of the if the Fund's member has made at least twelve contributions in the interim. Within a period of 36 months, support for temporary invalidity shall not exceed twelve times 30 days or more. Twelve times 28 days, even though during this period a new disease has been added to the disease which caused the incapacity to become incapaciated first.

(5) In case of hardship, the Board of Trustees may grant exemptions from the restrictions provided for in paragraph 4.

Section 3

Death rate

Fund members

§ 54. (1) The membership of the Sterbekasse extends to all the ordinary members of the Tierärztekammer (Sterbefondsmembers).

(2) Ordinary chamber members are exempt from belonging to the death treasury, which

1.

are in a public service relationship or relate to a public service relationship or a rest (supply), or

2.

a pension from a statutory pension insurance scheme.

(3) The persons referred to in paragraph 2 and extraordinary members may join the Fund on a voluntary basis, provided that they make the corresponding repayments.

Benefits from the death rate

§ 55. (1) The death allowance shall be at least 11,000, -- Euro; higher amounts may be provided for in the statutes, in particular as regards valorisation.

(2) The death allowance shall be charged to the the survivors specified by the Fund Member. If the fund member has not designated such persons or if they do not exist, the death allowance shall be given in succession to the surviving spouse or to the surviving spouse. the surviving spouse or the surviving partner, or the surviving registered partner, the physical children, the elective children, the grandchildren and the parents. If such persons do not exist, the person who has paid the costs of the burial shall be replaced by those costs, but not more than 50 vH of the death penalty. The carrying of the funeral expenses shall be proven by presenting corresponding invoices.

(3) If there are no eligible persons within the meaning of the second paragraph and are also not covered by the funeral expenses, the death allowance of the death penalty shall remain.

Contributions to the death rate

§ 56. (1) The amount of the contributions to the death rate shall be six euros for each death of a fund member that has occurred during the six-month period. Each member of the Fund has to pay 24 contributions in the calendar year; these contributions are to be deducted from the deaths in the next year. If the membership ends in the course of a calendar year differently than by death, the contribution to the death rate shall also be payable for the remainder of the year; for this period, there is a claim to benefits from the death rate.

(2) In the event of admission to the death fund, two contributions shall be paid which shall not be refunded.

(3) Fund membership shall not commence until after the completion of the 35. Year of life, so are the contributions, which at the beginning of membership with the completion of the 35. years of life would have been to be paid. This repayment is to be increased by 5 vH for each post-payment year.

Section 4

Emergency Fund

Fund members

§ 57. The membership of the Emergency Fund extends to all the ordinary members of the Tierärztekammer (emergency fund members).

Benefits

§ 58. (1) In the event of an undue emergency or in justified cases of hardship, the members of the Fund and their survivors may, in accordance with the directives to be adopted in the Statute, take into account the family, income and Assets are granted support.

(2) Applications for assistance from the emergency fund shall be submitted via the competent national authority. The Landesstellenpräsident/ The President of the State Office shall submit the requests to the Board of Trustees within three months of the decision, with a detailed opinion on the reasons for and against the granting of a benefit from the Emergency Fund. If the submission does not take place within this time limit, the application may be filed directly with the Board of Trustees.

Contributions to the emergency fund

§ 59. (1) The amount of the contributions to the emergency fund shall be fixed annually by the Assembly of Delegates of the Veterinary Chamber in such a way as to ensure that, taking into account the experience of the last three years and the expected contribution to the Fund, the amount of contributions to the Fund shall be determined by the It is possible to provide the benefits to be expected, as well as to a wealth accumulated at the Fund's level.

(2) If the Fund membership starts or ends in the course of a calendar year, the entire annual contribution shall be payable; for this period, applications for benefits from the Emergency Fund may be made.

Section 5

Transitional provisions on procedures for welfare institutions

§ 60. (1) On procedures for providing age support, disability support and survivor assistance, and assistance from the emergency fund already pending at the date of the entry into force of this Federal Law, are the provisions of the third paragraph in force until that date. Section of the II. Continue to apply the main section of the Tierärztegesetz.

(2) A recalculation of benefits from the welfare institutions which were granted prior to the entry into force of this Federal Law does not take place.

5. Main piece

Section 1

Disciplinary law

Discipline verdicts

§ 61. (1) Chamber members shall be guilty of disciplinary proceedings if they are in Germany or abroad.

1.

the reputation of the veterinary surgeon in Austria through the behaviour of the Community, the animal keepers, affecting animal keepers or colleagues, or

2.

Violate the professional duties they are obliged to comply with in accordance with this Federal Act or in accordance with other provisions, in particular the Tierärztegesetz (Veterinary Act).

(2) A disciplinary procedure in accordance with paragraph 1 shall apply, in particular, if chamber members

1.

carry on the profession of veterinary medicine, even though the disciplinary penalty of the temporary inaction of the profession has been legally imposed on them, or

2.

have committed one or more criminal acts intentionally and therefore have been sentenced by an in-or foreign court to a custodial sentence of more than six months or a fine of at least 360 daily rates.

(3) Veterinarians who are nationals of other Member States of the EU, another Contracting Party to the Agreement on the European Economic Area or Switzerland, and who are temporarily veterinary services in the territory of the country , as well as veterinary surgeons who carry out the veterinary profession in the country in accordance with § § 4 and 4a of the Veterinary Act, are subject to the disciplinary provisions according to this law with regard to the disciplinary proceedings committed in the country. Federal law.

(4) In the case of chamber members exercising their profession in the context of a service relationship with a local authority or another body of public law, the disciplinary provisions of this federal law shall be laid down in respect of their respective duties. service activities and the related professional duties.

(5) The disciplinary prosecution shall not be ruled out by the fact that the facts on which the offence is based constitute a criminal offence or an administrative offence.

(6) However, disciplinary proceedings shall be excluded in so far as the member of the chamber has already been disciplined in a disciplinary manner by another institution of the disciplinary authority responsible for him or her. Pending the completion of proceedings before this pending trial, the proceedings before the Disciplinary Commission must be interrupted.

(7) Unless otherwise specified in this Federal Act, negligent conduct is sufficient for the criminality (Section 6 of the Criminal Code (StGB), BGBl. No 60/1974).

(8) A disciplinary action shall not be pursued by the Disciplinary Commission if the guilt is low and the conduct has not, or only insignificant, consequences have been.

Limitation of Tracking

§ 62. (1) The pursuit of a chamber member shall be excluded by limitation if:

1.

Within one year from the knowledge of the Disciplinary Board of the facts on which a disciplinary offence is based, or on any grounds of resurrection, no prosecution shall be set, or

2.

in five years after the end of a disciplinary conduct, no decision to initiate a decision has been taken or a disciplinary procedure which has been passed by law has not been re-established to the detriment of its disadvantage.

(2) The course of the time limits referred to in paragraph 1 shall be hammered if:

1.

because of the facts on which disciplinary proceedings are based, a procedure after the StPO or administrative criminal proceedings, or proceedings before another institution of the disciplinary authority or before the Constitutional or Administrative Court is pending, for the duration of this procedure,

2.

the right of the member of the chamber to practise the veterinary profession during the course of the period of limitation shall be removed until his or her re-entry into the veterinary list of veterinary surgeon.

(3) If, at the same time, disciplinary proceedings are a criminal offence and if the period of limitation of criminal law is longer than the time limit laid down in paragraph 1 (2), the period of limitation shall be replaced by the period of limitation of the criminal law.

(4) Within the period of limitation, a member of the chamber shall again pass a similar disciplinary procedure, the limitation period referred to in paragraph 1 shall not occur before the period of limitation has expired even for this disciplinary procedure.

One-stop action

§ 63. (1) The Disciplinary Commission may be responsible for the prohibit the accused person from exercising the profession of veterinary profession until the disciplinary procedure has been completed, if that is the case with regard to the nature and the seriousness of the disciplinary procedure; He has been accused of disciplinary proceedings against serious disadvantages, in particular for the treated animals, their female holding, respectively. The holder or the standing of the veterinary surgeon is required.

(2) Before taking a decision on a preliminary draft measure, the action taken shall be: the disciplinary accused shall be given an opportunity to comment on the case against them, to give him the accusations made and the conditions for the arrangement of an injunction. If there is a danger in default, this is the case, but in this case it is the case. to give the disciplinary authority an opportunity to comment immediately after the decision has been taken.

(3) The injunction is to be repealed if it is found that the conditions for the order are not or no longer exist or the circumstances have changed significantly. In any event, with the final end of the disciplinary proceedings, the insectating measure shall cease to apply.

(4) The decision on the measures to be taken in is the same as the one or to the disciplinary officer, the disciplinary lawyer or to the Disciplinary Authority and to the Tierärztekammer.

(5) In the case of a decision on the measures to be taken in the event of a decision, the the disciplinary authority shall lodge a complaint with the Disciplinary Commission within two weeks of notification. The appeal does not have suspensive effect.

(6) Within two weeks after the complaint has been lodged, the Disciplinary Commission shall decide to carry out surveys or, if the surveys have already been initiated, to take the decision to initiate the proceedings within that period (Article 75 (3)), , the contested decision shall not be repealed. The external force shall be the subject of the disciplinary accusation. to inform the disciplinary suspect in writing without delay.

Disciplinary penalties

§ 64. (1) Disciplinary penalties are

1.

the written reference,

2.

the fine of up to three times the chamber circulation for independent members,

3.

the temporary failure to pursue the profession;

4.

the deletion from the Tierärzteliste.

(2) The disciplinary penalties provided for in paragraph 1 (1) (2) to (4) may be imposed on the basis of a probation period of one year to three years if it is to be assumed that their threat will be sufficient to ensure that the accused or the person concerned is satisfied with the right to take part in the case. to hold the accused of further disciplinary offences and not to execute the sentence in order to counteract the commission of disciplinary offences by other members of the veterinary profession and to prevent the execution of such disciplinary offences, and the accused has so far received no or no other disciplinary penalty than a written reference, or a disciplinary penalty has already been eraached.

(3) One or more If a person accused of a multiple disciplinary offence is charged, then, except in the case of paragraph 6, only a disciplinary penalty shall be imposed. In the case of assessment of the penalty, in particular the size of the debt and the resulting disadvantages, in the case of the calculation of the fine, is also based on the income and financial situation of the person or the person who is responsible for the financial penalty. of the accused.

(4) If a member of the chamber is subject to a conditional penal review (para. 2) guilty of a new disciplinary offence committed within the period of probation, the conditional penal lenience shall be revoked or, if this appears sufficient, the accused or, respectively, the accused shall be responsible for the revocation of the sentence. To prevent the accused from further disciplinary proceedings, to extend the probation period up to a maximum of five years. The decision may be taken after consultation of the of the accused either in recognition of the new disciplinary procedure or in a separate decision.

(5) If a conditional penal review is not revoked, the penalty shall be deemed to be finally considered upon expiry of the probation period. Periods in which the veterinary profession has not been carried out shall not be included in the period of probation.

(6) Insofar as it is in the interest of safeguarding the reputation of the Austrian veterinary profession and the observance of the professional duties, it may be recognized in the course of disciplinary recognition of the publication of the entire disciplinary recognition in the official The publication organ of the Tierärztekammer is recognized.

(7) A temporary failure to pursue the profession may be imposed for a maximum period of three years.

(8) The temporary failure to pursue the profession relates to the exercise of the profession of veterinary profession in the country, with the exception of the profession of veterinary profession in connection with the duties of a member of the veterinary profession, who are entitled to A profession in the context of an employment relationship with a local authority or any other body of public law with its own disciplinary law.

(9) The disciplinary penalty of the deletion from the veterinary list shall only be suspended if the the accused shall be subject to disciplinary proceedings pursuant to Section 61 (2).

Disciplinary Register and Tilgung

§ 65. (1) Any disciplinary penalty in force shall be entered in a preliminary note to be given to the Tierärztekammer.

(2) The repayment periods shall be:

1.

in the case of a written reference one year from the legal force of the disciplinary recognition;

2.

in the case of a fine, five years from the date of full payment or the determination of the incriminality;

3.

in the event of a temporary failure to pursue the profession, ten years from the legal force of the disciplinary recognition;

4.

in the case of deletion from the veterinary certificate, fifteen years from the legal force of the disciplinary recognition.

(3) The repayment of the disciplinary sanctions registered in the disciplinary register shall enter into force after the expiry of the time limits set out in paragraph 2.

(4) In a disciplinary procedure, tiled disciplinary penalties shall not be taken into account, nor shall they be mentioned in any knowledge or decision.

(5) If a person is again sentenced to more than one disciplinary penalty or before the end of the repayment period to a disciplinary penalty, all disciplinary penalties shall be redeemed only jointly. In this case, the repayment period shall be determined after the individual period, which would end at the latest, but shall be extended by so many years, as final convictions which have not yet been eradicated and are not yet satisfied. The conviction that has finally become final is to be counted.

Section 2

Organisational provisions

Disciplinary Commission

§ 66. (1) In order to carry out the disciplinary procedure, the Disciplinary Commission shall be established at the Veterinary Chamber, hereinafter referred to as the Disciplinary Commission.

(2) The members of the Disciplinary Commission shall not be bound by any instructions in the performance of their duties. The decisions of the Disciplinary Commission shall not be subject to the repeal or amendment in the administrative procedure. An appeal is inadmissible. The seizure of the Administrative Court by the accused or the accused and the disciplinary attorney or The disciplinary authority shall be admissible.

(3) The Disciplinary Commission shall consist of one or more a chairman, whose the deputy or Alternate members and the required number of other members.

(4) the chairman and her/her his deputy or his/her deputy his deputy must be the judge Judge. In addition, the sufficient number of members

1.

from the status of the right-wing staff of the Federal Ministry of Health, and

2.

from the circle of the ordinary members of the chamber, taking into account the departments in each case in accordance with Section 9 (5),

to order.

(5) the chairman and the chairman, the deputy or On a proposal from the Board of Management of the Veterinary Chamber, the Federal Minister of the Federal Ministry of Veterinary Medicine and the Federal Ministry of Veterinary Medicine and the Federal Ministry of Veterinary Medicine are responsible for the members of the Federal Minister for Health, the the chairman and the chairman, the deputy or Deputy in agreement with the Federal Minister The Federal Minister of Justice, the other members of the Board of Directors of the Veterinary Chamber ordered the proposal of the departmental committees.

(6) Members of the organs of the Tierärztekammer shall not be members of the Disciplinary Commission.

(7) The members of the Disciplinary Commission shall be entitled to the replacement of the necessary travel expenses and cash expenses. Furthermore, they are entitled to a compensation corresponding to the time and effort involved, which is to be determined by the delegates ' meeting of the Tierärztekammer.

(8) The personnel and material expenses of the Disciplinary Commission shall be borne by the Tierärztekammer.

Functional duration of the Disciplinary Commission

§ 67. (1) The members of the Disciplinary Commission shall be ordered for a term of office of four years. If necessary, additional members may be appointed under Section 66 (3) until the end of the period of operation.

(2) The membership of the Disciplinary Commission rests

1.

in the case of criminal proceedings pending before a national court, against the Member in respect of a criminal offence to be carried out on its own account and to be punishable by an attachment; and

2.

in the case of chamber members, also from the date of initiation of disciplinary proceedings in accordance with this Federal Act, until such time as they have been recruitted or fined legally.

(3) The membership of the Disciplinary Commission ends

1.

with the expiry of the period of order or

2.

in the case of the staff of the Federal Ministry of Health, by passing into retirement and leaving the resort, or

3.

at the request of the incumbant, or of the incumbant by revelation, and

a)

in the case of the judicial members by the Federal Minister the Federal Minister of Health in agreement with the Federal Minister the Federal Minister for Justice,

b)

in the case of the other members who are members of the Federal Minister, The Federal Minister of Health has been appointed by the Federal Minister for Health, these,

c)

in the case of the other members, by the Board of Directors of the Tierärztekammer, or

4.

with the final court conviction on account of a criminal offence committed by an office of its own motion, committed by an internal court or court, or

5.

in the case of chamber members, also by acceptance of the election to an organ of the veterinary chamber or by a final sentence of a disciplinary penalty under this Federal Act.

Disciplinary arsenals

§ 68. (1) The Disciplinary Commission shall decide in senates.

(2) The Senate shall consist of:

1.

a judge or a judge as chairperson or chairman,

2.

a member of the staff of the Federal Ministry of Health, as well as

3.

a member of the circle of ordinary members of the Chamber, who is a member of the department of the Chamber of Directors. of the disciplinary accused.

(3) The Senate has to decide by majority vote. The disciplinary penalty of the deletion from the veterinary list may only be imposed unanimously. A abstention is inadmissible. The the chairman of the Senate has to cast his vote last.

(4) Each member of the Disciplinary Commission may belong to several senates.

(5) the Chairman of the Disciplinary Commission shall immediately after their to form two senates for the period of operation of the Disciplinary Commission and to distribute the business among them. At the same time, it is necessary to determine the order in which the other members of the Commission are members of the Senate in the event that a member of the Senate is prevented from acting as a substitute. The composition of the Senate may only be amended in the case of unconditional needs.

(6) the Chairman is obliged to submit the Senate composition and distribution of the Tierärztekammer to the customer. The Tierärztekammer (Tierärztekammer) is obligated to immediately make the distribution of the business available on the Internet on its homepage in general and in a permanent way.

Disciplinary lawyer/Disciplinary Lawyer

§ 69. (1) The Board of Directors of the Tierärztekammer has a disciplinary attorney or A disciplinary authority and a disciplinary authority the deputy or To appoint an alternate for a period of four years.

(2) The Disciplinary Lawyer The Disciplinary Authority shall be responsible for indicating disciplinary proceedings against the Disciplinary Commission and the representation of the ads in the disciplinary proceedings as a party.

(3) On the instructions of the Supervisory Authority, the Disciplinary Lawyer is responsible for the Disciplinary Authority undertakes to report and represent the Disciplinary Panel.

(4) The order for the Disciplinary Lawyer or the Disciplinary Lawyer rests

1.

in the case of criminal proceedings pending before a national court, against them or in respect of a criminal offence to be carried out by its own motion and committed by its own motion, and

2.

in the case of chamber members, also from the date of initiation of disciplinary proceedings in accordance with this Federal Act, until such time as they have been recruitted or fined legally.

(5) The order for the Disciplinary Lawyer or the Disciplinary Lawyer ends

1.

with the expiry of the period of order or

2.

at the request of the incumbant, or the holder of the incumbant by revelation by the Board of Directors of the Veterinary Chamber; or

3.

with the final court conviction, on the grounds of an act to be followed by an act of his own motion, by a national court or court, or

4.

in the case of chamber members, also by legally imposing a disciplinary penalty in accordance with this Federal Act.

(6) The Disciplinary Lawyer The Disciplinary Authority shall have the right to lodge a complaint with the Administrative Court against the findings of the Disciplinary Commission.

Investigator/investigator

§ 70. (1) The Disciplinary Commission shall be the investigators. to give investigators. These are to be ordered by the board of directors and recorded in a list.

(2) The Investigators Investigators are responsible for carrying out surveys in the preliminary proceedings.

Law firms of the Disciplinary Commission

§ 71. (1) The law firms of the Disciplinary Commission shall be led by the Tierärztekammer. The costs for this activity are to be borne by the Tierärztekammer, unless otherwise provided in this Federal Act.

(2) The Tierärztekammer (Tierärztekammer) has to publish the relevant content of the final findings of the Disciplinary Commission in legal form on a regular basis in the official publication organ of the Standesvertretung (registry office).

Section 3

Disciplinary procedure

Procedural rules

§ 72. (1) Unless otherwise specified in this Section, the disciplinary procedure shall be:

1.

the AVG, with the exception of Sections 2 to 5, 12, 42 (1) and (2), 44a to 44g, 51, 51a to 51d, 57, 62 (3), 63 to 68, 73 and 75 to 80, and

2.

the delivery law, BGBl. No 200/1982.

(2) Parties in the disciplinary proceedings shall be the the disciplinarian and the disciplinary attorney or The Disciplinary Authority.

(3) The Disciplinary Commission shall proceed from its own motion as soon as it becomes aware of the disciplinary proceedings of a member of the Chamber. It shall take its decisions after hearing the Disciplinary Lawyer or of the disciplinary board.

(4) The Disciplinary Commission and the Disciplinary Board the Disciplinary Authority shall have the authority to charge and to defend the of the accused person must take the same care into account.

(5) the accused has the right to be a defender in the disciplinary proceedings of a defender or of a defender. As a defender, Defenders may also be allowed to work as professional colleagues or Professional colleagues of of the accused.

(6) The disciplinary proceedings initiated by a member of the chamber shall be subject to the suspicion of an act which is liable to be punishable by law, so that the person or person who is responsible for the offence has the right to object. the Chairman of the Disciplinary Commission to report to the Public Prosecutor's Office.

(7) If proceedings are pending after the StPO on the basis of facts on which the disciplinary proceedings are based, the proceedings before the disciplinary commission may be interrupted until the final conclusion of the proceedings has been passed. No appeal is admissible against the dismissal of the request for an interruption of the proceedings.

(8) The courts and administrative authorities shall be bound by the Disciplinary Commission and the Disciplinary Board and the Disciplinary Board. to submit files for inspection to the Disciplinary Authority on request.

Decision on the persecution

§ 73. (1) All advertisements which arrive at the Disciplinary Commission or the Veterinary Chamber for disciplinary proceedings shall be the first of the Disciplinary Proceedings of the Disciplinary Board. to the Disciplinary Authority.

(2) If the Disciplinary Lawyer is the Disciplinary Authority of the opinion that:

1.

there is no impairment of the standing of the stand or an infringement of the profession of professional or professional duties; or

2.

is excluded from persecution on the grounds of limitation, lack of punitive value or for other reasons,

it has, or The Federal Minister of Justice and the Federal Republic of Germany the Federal Minister of Health and the President, respectively to inform the President of the Tierärztekammer.

(3) If the Disciplinary Lawyer is the Disciplinary Authority considers that the conditions for a disciplinary prosecution are or will be available to the Disciplinary Authority it was made by the Federal Minister, the Federal Minister of Health, she or she has He/she shall submit the files to the in the case of the Chairman of the Disciplinary Commission, to apply for the conduct of surveys or, where such a request is not necessary, to initiate the procedure. The application shall be the to assign to the Senate front of the competent disciplinary arsenal.

(4) If the content of the ad or the grounds of suspiions that have become known do not allow sufficient assessment, the disciplinary lawyer or the disciplinary authority shall, in advance, make a supplementary statement of the scoreboard or of the scoreboard and an utterance of the of the person who has been shown and who are contributing files.

(5) As long as the the person concerned has not made any observations, the disciplinary lawyer or the disciplinary authority, irrespective of whether the conditions for a resumption are available, even after the notification has been completed, an application for the conduct of surveys or, where such requests are not required, to initiate the proceedings .

(6) If the the chairman of the Senate, the application of the Disciplinary Board of the disciplinary authority for the conduct of surveys, it shall have he or she is the investigator the investigator responsible for the implementation of the to request it to carry out surveys which are deemed necessary. The content of the applications of the Disciplinary Lawyer and/or The Disciplinary Board is the the chairman of the Senate would not be bound.

(7) Does the the chairman of the Senate is responsible for the reason that the complaint is being relocated, to convene the Disciplinary Arsenal. If the disciplinary board considers that disciplinary action is not available or if the prosecution is excluded from one of the reasons mentioned in this Federal Law, he/she has-after a further hearing of the Disciplinary Lawyer and/or of the Disciplinary Board-to take a decision of resignation. Finds the Disciplinary Arsenate reason to prosecute the of the accused, he shall decide to carry out surveys or, where such surveys are not necessary, immediately to initiate the disciplinary procedure.

(8) The decision to depart is

1.

the Disciplinary Lawyer or the Disciplinary Authority,

2.

the Tierärztekammer, and

3.

the Federal Minister the Federal Minister for Health

.

Pre-Procedure

§ 74. (1) The competent disciplinary board shall decide to carry out surveys, shall have the following: the Chairman of the Senate

1.

the investigator or the investigator responsible for the implementation of the to commission any surveys which it considers necessary; and

2.

of the accused or the accused person, with the announcement of the name of the lead investigator, of the investigator and of the main reasons for suspiitus, as well as the disciplinary attorney or to communicate to the Disciplinary Authority.

(2) The selection of the investigator of the investigator shall be taken from the list in accordance with Section 70 (1).

(3) the accused person and the disciplinary lawyer or the Disciplinary Authority may be the investigator or refuse the investigator on grounds of partiality if they are able to indicate reasons which are likely to be appropriate; to cast doubt on its full unpartiality. The decision on the existence of grounds for exclusion or probation decides whether or not to do so. the chairman of the senate. No separate appeal is admissible against this decision.

(4) The investigator the investigator shall carry out the necessary surveys and shall be responsible for the the right to give an opinion on those against them, or to give him accusation.

(5) the accused person and the accused person, the defender or Defender, the Disciplinary Lawyer The disciplinary authority shall have the right to inspect the files. Advisory protocols are excluded from the inspection of files. The investigator the investigator may, however, up to the version of an introduction decision, be able to take individual documents from the inspection by the accused or, respectively, the person who is responsible for the the accused and their the defender or If special circumstances justify the fear that the purpose of the investigation would be jeopardised by an immediate knowledge of those files, the defender would rule out the possibility of excluding the defender.

Conclusion of the preliminary procedure

§ 75. (1) After the conclusion of the investigation, the investigator has the investigator shall be responsible for the file of the disciplinary attorney or to submit to the Disciplinary Authority for further applications.

(2) The Disciplinary Lawyer the Disciplinary Authority may then, in the case of the investigator or ask the investigator to carry out further surveys or to request the Chairman of the Disciplinary Board either the version of a recruitment decision or the initiation of the proceedings. Such a request shall be made by a decision of the disciplinary board to determine whether there is any reason for an oral disciplinary hearing.

(3) The decision that there is a reason for an oral disciplinary hearing (introduction decision) has to designate the accusations. A separate appeal is not admissible against this decision. A copy of the decision shall be that of: the accused, the disciplinary lawyer or to the Disciplinary Authority and to the Tierärztekammer.

(4) The decision that there is no reason to further conduct a disciplinary procedure (hiring decision) is that of: the accused, the disciplinary lawyer or to the Disciplinary Authority and to the Tierärztekammer. One of them is to be understood by the Federal Ministry of Health.

Oral proceedings

§ 76. (1) A decision on the introduction of a decision (Section 75 (3)) has been taken, has the The Senate President shall determine the place, day and hour of the oral proceedings, the accused or the accused and the witnesses, or Witnesses to be loaded as well as the Disciplinary Lawyer to communicate to the Disciplinary Authority. The the accused are to be informed of the names of the members of the disciplinary board with the charge for the disciplinary hearing. The the accused shall be at least 14 days in preparation for the preparation of their of its defence.

(2) The the chairman of the Senate may also, on its own account or at the request of the of the accused person, or of the disciplinary lawyer or Disciplinary action to supplement the surveys carried out by the investigator or the investigator.

(3) the accused, whose the defender or Defender and the Disciplinary Lawyer Before the oral proceedings, the disciplinary authority shall be allowed to inspect the files. In any case, except for the inspection of files, drafts for the reporting in the disciplinary arsenal. A separate appeal is not admissible against the refusal of access to the file.

(4) The oral proceedings shall not be public. At the request of the However, the accused may not exceed three persons. of his trust. Witnesses are excluded as trusts. The investigator the investigator shall be excluded from participation in the oral proceedings and the decision.

(5) At the beginning of the oral proceedings, the the chairman of the Senate shall make the decision on the introduction of such a decision and substantiate it insofar as this is necessary for understanding. The Disciplinary Lawyer the Disciplinary Authority and the The accused shall have the right to reciprocate. The necessary evidence is then recorded.

(6) With the consent of the of the accused and the disciplinary lawyer; The Disciplinary Board may also extend the trial to the conduct of operations not covered by the decision of the introduction of the Disciplinary Proceedings.

(7) If further surveys and evidence are necessary outside of the trial, the disciplinary board shall take the necessary precautions; it may, with the implementation of individual surveys, be carried out by the investigator or, respectively, the investigator. Commission the investigator, as well as the act of supplementary investigation to the investigator, to return the investigator. The provisions relating to the taking of evidence in the preliminary proceedings (§ 74) shall apply.

(8) After the completion of the evidence proceedings, the final proposals of the Disciplinary Lawyer or the Disciplinary Board respectively shall follow. the Disciplinary Board, the Defender, or the defender and the defender, of the accused. In any case, the final word is due to the the accused.

Trial in absentia

§ 77. In the absence of the the accused may be held responsible for the trial and the disciplinary recognition shall be taken if:

1.

and/or he has previously had the opportunity to comment on those against them, or had him accusated,

2.

you or it has been properly delivered to it, and

3.

and/or He nevertheless remains without sufficient excuse for negotiation.

Decision-making

§ 78. The deliberations and votes of the disciplinary arsenal shall be held in secret session. Only members of the disciplinary arsenal may be present at the consultation and vote.

Knowledge

§ 79. (1) With the knowledge, the the accused acquitted or of the accused person, to recognize him as a burden of disciplinary action.

(2) the accused person is found guilty of a disciplinary procedure, is to be explicitly stated in the knowledge,

1.

which legal obligations it or He or she violates or the impairment of the stand appearance, or he or she has committed its behaviour and

2.

which disciplinary penalty is imposed.

(3) The knowledge, together with its essential reasons, is immediately to be announced. A copy of the negotiation protocol, together with a copy of the negotiation protocol, are not the same as the one or the other. the accused, the disciplinary lawyer or to the Disciplinary Authority, the Tierärztekammer and the Federal Ministry of Health.

Cost

§ 80. (1) In the case of a guilty verdict, the decision of the To impose on the accused also the costs of the disciplinary procedure-including the costs of a possible publication of the disciplinary recognition (Section 64 (6))-.

(2) The costs, taking into account the procedural burden and the particular circumstances of the case, shall be based on the assets of the assets of the case. of the accused shall, at its discretion, be free to fix a flat-rate amount. In the event that the proceedings relate to a number of offences, the cost of such acts shall be that of those acts of which the said acts are the same as those which have been committed. the accused is not recognized as guilty, insofar as it is tunable to leave the replacement.

(3) the accused acquitted or if the costs of the proceedings are not to be introduced, it shall have to bear the veterinary chamber definitively.

(4) Those arising from the confiscation of a defender, In all cases, the costs of a defender shall be borne by the the accused person.

(5) The costs of surveys in the pre-trial proceedings are, in so far as they relate to acts of which the or the accused person was found guilty of taking into account the lump sum in accordance with paragraph 2. To the extent that such surveys relate to acts of which the if the accused has not been found guilty, the Tierärztekammer has to bear the costs definitively.

(6) The financial penalties imposed and those imposed by the the costs of the disciplinary proceedings to be borne by the criminal court shall be paid to the Chamber of Veterinary Medicine and may, according to the Administrative Enforcement Act 1991 (VVG), BGBl. No 53.

Communications to the public

§ 81. (1) Communications to the public on the course and results of a disciplinary procedure, on the content of the disciplinary files, and on the content of an oral hearing and disciplinary decisions, except in the case of § 64 Paragraph 6, prohibited.

(2) However, the member of the chamber to which the disciplinary proceedings referred may report on the outcome of the disciplinary proceedings in so far as it does not infringe his obligation to give a person's professional secrecy.

6. Main piece

Section 1

Criminal provisions

Criminal provisions

§ 82. (1) If the duty of confidentiality is contrary to the obligation of § § 7 and 81, unless the act constitutes the offence of a criminal act falling within the jurisdiction of the courts, an administrative surrender shall be carried out with a fine of up to to 2,500, -- euro to punish.

(2) The experiment shall also be punishable.

Section 2

Transitional provisions

Transfer of the institutions

§ 83. (1) The first election of the delegates by 1 July 2013 is to be carried out for the constitution of the Assembly of Delegates pursuant to this Federal Act. The election of the Board of Management, the Supervisory Committee and the members of the Board of Trustees pursuant to this Federal Act shall be made immediately after the Angelobung of the newly elected Assembly of Delegates.

(2) Up to the Angelobung of the Assembly of Delegates elected pursuant to paragraph 1, first sentence

1.

the members of the Annual General Meeting elected on the date of the entry into force of this Federal Act and their alternates, respectively. Substitute and

2.

the members of the Board of Trustees elected at the time of the entry into force of this Federal Law

The Annual General Meeting shall be deemed to be the Assembly of Delegates and shall be subject to voting in accordance with Section 36 (6) and (7) of the Veterinary Act.

(3) Until the Angelobung of the institutions elected pursuant to paragraph 1, second sentence, the members of the Executive Board elected at the time of the entry into force of this Federal Law and the President shall remain, respectively. the President in office. If, between the entry into force of this Federal Act and the Angelobung of the Assembly of Delegates elected pursuant to paragraph 1, a new board, a new President, or A new President shall elect a new President, until the date of appeal of the institutions elected in accordance with paragraph 1, second sentence, until the end of 30 June 2013.

(4) In the first meeting of the Assembly of Delegates after the entry into force of this Federal Law, a control committee shall be elected, the period of operation of which shall, until the date of the Angelobung of the institutions elected pursuant to paragraph 1, second sentence, but not later than the end of the period of 30 June 2013. Until the election of this control committee, the auditors elected at the time of the entry into force of this Federal Law shall remain in force. Auditor in office.

Transitional provisions for disciplinary matters

§ 84. (1) The disciplinary commission, which exists at the time of the entry into force of this Federal Law, shall remain in office until 31 December 2013. Its members shall form the sole disciplinary arsenal, and the substitute members shall be present in the event of prevention. Section 68 (2) to (6) is only 1. Jänner 2014.

(2) The the disciplinary attorney appointed at the time of the entry into force of this Federal Law, Disciplinary authority shall remain in office until the end of the current operating period.

(3) On disciplinary matters in which the decision to refer to the oral proceedings before the entry into force of this federal law has been taken, the criminal and procedural provisions of the Tierärztegesetz BGBl are. No 16/1975.

Regulations of the Tierärztekammer

§ 85. At the time of the entry into force of this Federal Act, applicable regulations of the Tierärztekammer, which are now to be adopted pursuant to § 12 para. 3, remain until the date of the release of the relevant provisions in accordance with § 12 para. 3, but at the latest until the expiry of the 31 December 2013, in force. Their enforcement shall be carried out by the institutions now provided for in this Federal Act.

Section 3

Final provisions

Entry into force and external force

§ 86. (1) This federal law, except for § 31, enters into force with the end of the day of the customer's notice.

(2) § 31 of this Federal Act shall enter into force with the Angelobung of the Assembly of Delegates elected pursuant to Section 83 (1), but no later than 1 July 2013. An entry into force before 1 July 2013 shall be submitted by the Federal Minister of the Federal Republic of Germany To the Federal Minister of Health in the Federal Law Gazans Part II.

Enforcement

§ 87. The Federal Minister is responsible for the enforcement of this federal law. the Federal Minister for Health, with regard to § § 66 (5) and 67 (3) (3) (3) (3) lit. a in agreement with the Federal Minister The Federal Minister of Justice.

Article 2

Amendment of the Tierärztegesetz

The Tierärztegesetz, BGBl. No. 16/1975, as last amended by the Federal Act BGBl. I n ° 135/2006 and the amendment of the Federal Ministries Act, Federal Law Gazette (BGBl). I n ° 3/2009, is amended as follows:

1. § 3 para. 2 Z 1 reads:

" 1.

self-entitlement; "

2. § 3 (3) Z 3 reads:

" 3.

Persons who:

a)

on a residence permit in accordance with the provisions of the German Law on the Law of Niederlassungs-und Residence (NAG), BGBl. I No 100/2005, which is linked to the right to pursue an activity in a self-employed or self-employed capacity, or

b)

as nationals of a national of a Member State of the EU, of any other EEA Contracting State, of the Swiss Confederation or of the Republic of Austria, who are entitled to reside in the territory of the Federal Republic of Germany, and on proof in accordance with § § 54 or 54a NAG

"

3. § 4 reads:

" § 4. Strangers, who are in their home state or The State of origin for the purpose of exercising the veterinary profession may, as a contract assistant at a national university, be entitled to pursue the veterinary profession at a national university in accordance with the conditions applicable to the employment of foreign workers. legislation. "

4. § 4a (4) reads:

" (4) veterinary surgeons as referred to in paragraph 1 shall report to the Austrian Veterinary Chamber (hereinafter referred to as the Chamber) prior to the provision of veterinary services. The notification shall be accompanied by a certificate as referred to in paragraph 2. This notification shall be renewed once a year, if the intention is still to act in accordance with paragraph 1. If veterinarians or veterinarians who have not yet refunded such an application are in default of veterinary services at the national level, they shall be required to obtain such notification without delay. "

5. § 5 reads:

" § 5. (1) The Board shall have a list of veterinarians (veterinary surgeons) entitled to practise their profession in Austria.

(2) The Veterinary List shall contain the following data:

1.

pre- and surname;

2.

academic degree;

3.

birth date and place of birth;

4.

Nationality;

5.

Proof of completed veterinary university education or the professional qualification (§ 3 para. 2);

6.

main residence;

7.

Delivery address;

8.

the place of work or place of work in the case of veterinarians who exercise the profession in accordance with Section 4a (1), the reference to cross-border activity;

9.

Ordinal phone number;

10.

the beginning and end of the veterinary activity;

11.

Title, title and foreign title, together with proof of authorization to take the lead;

12.

Completion of a professional training or further education as well as the examination of the physicist examination;

13.

Specialist Veterinary title;

14.

Recruitment, interruption, withdrawal, discontinuation and resumption of the professional exercise;

15.

Opening and closing of veterinarians ' mortgage pharmacies;

16.

participation in a veterinarian society according to § 15a;

17.

TGD membership (s);

18.

Official application.

(3) The data referred to in section 2 (2) (1) and (2) and Z 8 to 15 shall be public. Everyone is entitled to inspect the public part of the Tierärzteliste as well as to obtain copies against cost replacement.

(4) In addition, members of the veterinary profession may:

1.

special veterinary fields of activity,

2.

other special knowledge and skills relating to the profession, and

3.

communication facilities beyond the Ordination telephone number

into the Tierärzteliste. These data may be published in the case of information from the veterinary list and may be published in a list of veterinary surgeon's lists.

(5) The Board shall publish all the entries in the public part of the veterinary list and its amendments in its Official Journal.

(6) The Federal Minister The Federal Minister of Health has to lay down more detailed provisions on the establishment and management of the veterinary list by regulation. "

6. § 6 (2) reads:

" (2) The applicant shall fill in the the applicant has the conditions in accordance with § 3, to enter the chamber in the list of veterinary surgeon and at the same time -except in the case of persons performing the profession in Austria in accordance with Section 4a (1) of this Directive, to issue an ID (veterinary certificate) provided with a photograph. "

7. In Section 6 (4), the phrase "within fourteen days" through the phrase "within three weeks" replaced.

8. Section 7 (2) is deleted.

8a. According to § 13, the following § 13a is inserted:

" § 13a. (1) The board has a list of veterinary surgeons and veterinarians (list of dermatologists) to guide them (the list of the home pharmacy).

(2) The list of skin pharmacies has pre- and surnames, as well as the professional seat of the veterinarian. of the veterinarian and the date of the opening of the veterinary skin pharmacist.

(3) Each veterinary skin pharmacist is an unmistakable number from which the Land of the professional seat can be derived. "

Article 14a (1) reads as follows:

" § 14a. (1) Veterinarians who specialise in a field recognised by the Assembly of Delegates of the Austrian Veterinary Association or in several of these subject areas may, after having successfully completed the examination, before a Senate of the respective Commission, established for the subject in question in the Chamber pursuant to Section 14c (1), the title "Fachveterinary" or "Specialist veterinarian", respectively. "Specialist veterinarian" with simultaneous guidance of the respective specialist area. The acquisition of this title does not involve a restriction of the right to exercise professional competence. Any veterinarian each veterinarian may carry out all veterinary activities even if they are: he is not allowed to lead a specialist veterinary title. "

10. § 14b (2) reads:

" (2) The Assembly of Delegates shall determine the duration and content of the subject-specific continuing training provided for in paragraphs 1, Z 3 to 5, and the detailed provisions of the examination referred to in paragraph 1 (1) of the Regulation, by means of a regulation (specialist veterinarian training and training). Specialist veterinary examination regulations), taking into account the needs and training offers in the respective field of expertise. In the specialist veterinary examination regulations and specialist veterinary examination regulations, other courses and examinations, which may be considered as subject to the requirements of section 1 (1) (3) to (6) above, are to be laid down, which replace the training and exams mentioned there. If a specialist veterinary examination committee has already been set up for the area concerned, it shall be heard before the regulation is released. "

11. In § § 14c, 14e to 14g and 14i to 14l the name shall be "Annual General Meeting" in each case by the name "Assembly of Delegates" replaced.

12. § 14h para. 3 first sentence reads:

"Specialist Veterinary Surgeons have to continue their training in an extent determined by the Assembly of Delegates in the Specialized Veterinary Examination Regulations and to prove this further training of the Specialized Veterinary Examination Commission."

13. § 14k para. 1 reads:

" § 14k. (1) If there is evidence of at least 20 hours of further training within the meaning of § 14j, there is the right to take an examination of this further training before a commission in the chamber in which the knowledge of the above mentioned training is in the case referred to in § 14j (2). Areas to be detected. More detailed provisions on the content and scope of the audit are to be laid down by Regulation of the Delegates ' Meeting. "

14. § 18 (5) deleted.

15. In accordance with § 75a the following § 75b is inserted:

" § 75b. (1) § § 3 (2) Z 1, 3 (3) (3), 4, 4a (4), 5, 6 (2) and 4, 7, 14a (1), 14b (2), 14c, 14e to 14g, 14i to 14l, 14k (1) and (18) shall appear in the version of the Federal Law BGBl (Federal Law). I n ° 86/2012 with the end of the day of the event in force. § 13a in the version of the Federal Law BGBl. I n ° 86/2012 is 1. Jänner 2014 in force.

(2) Until the release of a regulation in accordance with § 14b (2), subject-specific developments according to § 14b (1) (3) to (5) shall be made after the entry into force of the Federal Law BGBl (Federal Law Gazette). I n ° 86/2012. Such subject-specific developments must be recognised by the examination senate as proof in accordance with § 14d (1) Z 3.

(3) Until the release of a regulation in accordance with § 14k paragraph 1 in the version of the Federal Law BGBl. I n ° 86/2012 are exams after the entry into force of the Federal Law BGBl. I n ° 86/2012, which is sufficient to provide proof of at least 20 hours of further training in the areas referred to in § 14j (2).

(4) With the entry into force of this Federal Act, § § 29 to 67-subject to the provisions of Section 5-are repeal.

(5) § 36 (6) and (7) remain until the Angelobung of the Assembly of Delegates in accordance with the provisions of the Tierärztekammergesetz (TÄKamG), Art. 1 of the Federal Law BGBl. I n ° 86/2012, but in force until 1 July 2013.

(6) With the entry into force of this Federal Act, the Tierärztekammer electoral code 2003, BGBl. II No. 116, in the version BGBl. II No 59/2011, except for force. "

Fischer

Faymann