Lobbying And Taking Transparency Law - Lobbyg And Amendment To The Court Fees Act

Original Language Title: Lobbying- und Interessenvertretungs-Transparenz-Gesetz – LobbyG und Änderung des Gerichtsgebührengesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997369/lobbying--und-interessenvertretungs-transparenz-gesetz--lobbyg-und-nderung-des-gerichtsgebhrengesetzes.html

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64. Federal law, which enacted a federal law ensuring the transparency in the management of political and economic interests (lobbying and taking transparency Act - LobbyG) and the court fees Act amended

The National Council has decided:

Article 1

Lobbying and taking transparency law - LobbyG

1 section

General terms and conditions

Scope of application

§ 1 (1) regulates this federal law conduct and registration requirements in activities, should immediately take influence on certain decision-making processes in the legislation or enforcement federal, the States, the municipalities and municipal associations.

(2) this federal law is advocacy by the social partners and collective agreement enabled bodies with the exception of the registration obligations according the articles 9 and 12 do not apply to. On the representation of interests by other government bodies and associations, it is exception of conduct pursuant to section 6 or the registration obligations according the articles 9 and 12 do not apply.

(3) on political parties, legally recognised churches and religious societies, the Austrian Federation of municipalities and the Austrian Association of cities, the statutory social insurance funds and their main Association and interest associations, which employ any employees as stakeholders, this federal law is not applicable.

(4) commercial regulations, as well as professional and ethical rules for lawyers, notaries, patent attorneys, accountants and civil engineer remain unaffected.

Exceptions article 2. The provisions are this federal law do not apply 1 to activities a function carrier to exercise its remit, 2. to activities of a person, which it perceives not corporate self-interest, 3rd on the perception or representation of the interests of a party or a party related to an administrative or judicial procedure, 4. persons authorized on the legal advice and representation by lawyers, notaries, accountants and others to , 5 on foreign policy interests in the diplomatic or consular intercourse and 6 activities carried out at the instigation of a function carrier.

Competence

Matters of conduct lobbying and advocacy, the obligations to register in the lobbying and taking register and the legal consequences of the breach of such obligations are in legislation and enforcement Federal § 3.(Verfassungsbestimmung).

Definitions

§ 4. Mean in the sense of this federal law: 1. lobbying activities: organized and structured contact with officials to influence in the sense of § 1 para 1 in the interests of a client;

2. lobbying mission: a paid contract, a contracting authority obligates the contractor, to perform lobbying activities;

3. lobbying company: a company that belongs to the object of the business, even if it is not applied in the long term; also the acquisition and performance of a lobbying job

4. lobbyist: a person who performs a lobbying activity as a body, employee or contractor of a lobbying company or this belongs to their tasks;

5. corporate lobbyist: organs or employees of a company, whose more than just minor task pane lobbying activities for this company or a company associated with him in the Group include, unless it's to to exercise legally defined professional obligations;

6. representation of interests: any organized and structured contact with officials to influence in the sense of § 1 para 1 in the common interest of the members of local government bodies or associations;

7 self-governing: the professional one by law or regulation established, not territorial self-government body, or performs any other common interests of its members, as well as an Association of self-governing bodies, the nationwide perceives these interests;

8 Association: a club or contractual merger of several persons, whose activities include the management of common interests, which is a lobbying company, nor a local government body;

9 stakeholders: institutions or employees of a self-governing body or interest group, whose predominant task pane includes the advocacy;

10 officials: the President of the Confederation, members of the Federal Government or a land Government, domestic general representative body members, officials, contract staff and other organs, as far as they are acting within the framework of the legislation, the completion or managing private sector federal, the States, the municipalities and municipal associations.

2. section

Conduct

Lobbying activities

Lobbying companies, companies that deal with corporate lobbyists, lobbyists and corporate lobbyists may not engage in § 5 (1) lobbying activities from announcement to be registered in the lobbying and taking register and during upright registration only.

(2) a lobbying company may run a lobbying job only from announcement to the registration in the lobbying and taking register and during upright registration.

(3) Moreover, a lobbying company 1 has his client an estimate of the likely fees due to him for a lobbying job to announce and to inform him immediately about any excess of this estimate, 2. his principal the registration obligations associated with a lobbying job to indicate, if it has no knowledge of them, and 3. to refrain from it, in contact with clients and customers a not existing agency or consulting relationship to a function carrier to claim.

Principles of lobbying activity and advocacy

§ 6. Who runs a lobbying activity or perceives an advocacy, has 1 in every initial contact with an officials his task as well as the identity and the specific requests to refrain from his job or employer or Government body or interest group to present, 2. to obtain information on unfair manner, the information its activities available to him truthfully to pass 3. , 4. find out about the activity constraints made known for the officials and incompatibility rules to inform and to be aware of these limitations, and 5 every unfair or unreasonable pressure on officials to contain; This does not exclude it however, that socially acceptable and legitimate actions are used to emphasize the appropriate intervention.

Code of conduct

§ Employ 7 lobbying companies or enterprises, the corporate lobbyists, have to apply a code of conduct their lobbying activities, and must it anyway, especially pointing in their website. At the request of any interested person, they must announce this to a widely available access to the code of conduct or follow the code of conduct.

Activity limitation

§ 8. An officials must during the period of his role within his remit as a lobbyist (§ 4 Z 4) operate. Further provisions concerning the incompatibility of tasks and activities remain unaffected.

3. section

Registration obligations

Lobbying and taking register

9. (1) the Federal Minister for Justice leads automatically a taking register, in the 1. lobbying companies (section A1), as well as their responsibilities (Department A2), 2 companies, who deal with corporate lobbyists and lobbying - (Division B), as well as interest associations (section D) to enter are 3. self-government bodies (section C) and 4.

(2) entries in the departments of A1 and B to D are electronically accessible and free of charge to the public.

(3) the data to be entered are electronically to be registered in such a way to announce the Federal Minister for Justice, which provides for authentication. The Federal Minister of Justice has to release the data to test for inclusion in the register or to refuse its inclusion with notice if the published data do not meet requirements of this federal law or the registration is not permitted.

(4) in the A2 Division, the Federal Minister of Justice has the parties of a lobbying job and officials with whom, a lobbyist in contact is entered into, to provide access to the entries directly relating to them. Other persons or organs is after hearing of the lobbying firm and the client's access to grant, if such persons or institutions because a legal interest significantly weighing over interest in the privacy of there registered on the grounds of article 8 para. 2 CHR can set out. Further legal input show rights remain unaffected.

(5) changes of registered or requiring registration circumstances are to announce no later than three weeks after the occurrence of the change to the registration.

Division A


§ 10 (1) lobbying companies have to announce Division A1 for the registration in the register: 1. before entering upon their duties a. name (company), where appropriate, company registration number, seat and is relevant for deliveries business address and the beginning of the fiscal year, b. a short label their professional or business activities, c. a note on the code of conduct (§ 7) and d., where appropriate, the Internet address of their website;

2. the names and dates of birth of their lobbyists before recording her occupation as well as 3 nine months after the end of the fiscal year for the preceding fiscal year the total turnover and the number of processed lobbying jobs achieved with lobbying activities.

(2) in the registry Division A2 lobbying companies have immediately after conclusion of the contract for the registration to announce: 1 name (company), where appropriate, company registration number, and seat and is relevant for deliveries of the principal business address of a lobbying job, and 2. the remit agreed.

Department B

§ 11 companies that deal with corporate lobbyists, have to announce section B for registration in the register: 1 before the first-time inclusion of lobbying activities: a. name (company), where appropriate, company registration number, seat and is relevant for delivery business address and the beginning of the fiscal year, b. a short product description, their professional or business activities, c. a note on the code of conduct (§ 7) and d., where appropriate, the Internet address of their website;

2. the names and dates of birth of their corporate lobbyists before entering upon their duties as well as 3 nine months after the end of the fiscal year for the preceding fiscal year, whether for the past year incurred expenses for lobbying activities exceeds the amount of €100 000.

Sections C and D

§ 12 (1) self-government bodies have to announce section C to be registered in the register: 1 name, seat and is relevant for delivery address, 2. the legal basis for its establishment, 3. where appropriate, the Internet address of their website, 4. nine months after at the end of the fiscal year for the preceding fiscal year the total number with them mostly as stakeholder persons and 5. nine months after the end of the fiscal year for the preceding fiscal year make that their accounting or auditor or an other statutory or legally established monitoring body confirmed estimated cost of advocacy.

(2) interest groups have to announce section D to the registration in the register: 1 name, seat and is relevant for delivery address, 2. a brief description of their contractual or statutory remit, 3. where appropriate, the Internet address of their website, 4. nine months after at the end of the fiscal year for the preceding fiscal year the total number with them mostly as stakeholder persons and 5. nine months after the end of the fiscal year for the preceding fiscal year make from your accounting or auditor, or one other established statutory or legal body confirmed the advocacy estimated cost.

(3) local government bodies and associations to their registration obligations also fulfil that they announce an electronic link on a website, on which the data referred to in paragraphs 1 and 2 are published under her name for registration.

(4) the obligations laid down in paragraphs 1 to 3 can be satisfied by one for this developing a facility for more self-government body or interest groups in a notification to the registration.

4 section

Penalties and other legal consequences

Administrative penalties

Section 13 (1) who carries out in a lobbying activity 1. contrary to article 5, paragraph 1, or one of his lobbyists or corporate lobbyists to, 2. contrary to § 5 para 2 runs a lobbying job, commits an administrative offence and is, unless the Act not by judicial sentence is threatened with fines up to EUR 20 000, to punish up to 60 000 euro, in the case of repeated offence.

(2) a person who violates except in the cases of paragraph 1 against his registration requirements after the pursuant to sections 10 and 11, commits an administrative offence and is up to 10 000 euro, if the Act not by judicial sentence is threatened with fine, to punish up to 20 000 euros in case of repeated offence. Is also a principal of a lobbying job and a lobbying company or a company that has a corporate lobbyists to punish up to EUR 20 000 to EUR 10 000, in the case of repeated offence, a fine unless he or it a under § 15 para 2 forbidden success fee agreed upon.

(3) to competent authority having paragraphs 1 and 2 in the first instance for an administrative penal proceedings immediately reported to the Federal Minister of Justice from the introduction and the final conclusion or the adjustment of administrative criminal proceedings.

Removal from the lobbying and taking registers

Section 14 (1) may cancel a person registered in the lobbying and taking register with notice from the register of the Federal Minister of Justice, if the deletion on the basis of a serious and sustained violation of conduct or registration obligations under this Federal Act is required and in the freedom of acquisition of is no disproportionate interference. The Federal Minister for Justice can only threaten such a deletion, if this is sufficient to deter the person registered in the register of further violations of their behavior or registration obligations.

(2) the deletion and their threats are to be noted in the register for a period of three years. A renewed registration after the cancellation is only admissible after expiry of this period.

(3) the Federal Minister for Justice has to remove a person from the register of registered in the lobbying and taking register if she no. 60/1974, is res judicata § 153, 153a, 168 b, 302 or the sections 304 and 309 Penal Code, Federal Law Gazette for an offence under the section. A renewed registration is only permitted in the case of such conviction after the repayment deadline. The criminal courts have to notify the Federal Minister for Justice from such final condemnation.

Nullity of contracts

§ 15 (1) a lobbying contract is void, if he is ruled contrary to § 5 para 1 a does not known given the registration or registered lobbying firms or contrary to § 5 paragraph 2 does not to be registered is announced or registered. What has knowingly given someone for such a job, will be forfeited in favor of the Federal Government.

(2) the agreement of a success fee from a lobbying job, as well as the agreement of a contingency fee for a given lobbying activity between a lobbying company and its lobbyists or a company which deals with corporate lobbyists, and the business lobbyists is null and void, if the lobbying activity aimed at the conclusion of contracts with the Federal Government, a country, a municipality or a municipal Association; taken to a lobbying company success fees from such a treaty will be forfeited in favor of the Federal Government. In addition, a contingency fee agreement is null and void in so far as the contingent fee in a disproportionate to any other remuneration for the job is.

(3) if the Contracting Parties of a lobbying job to the certificate (§ 916, para. 1 ABGB) agreed a fee, that considerably exceeds the true value of the contract, this part of the fee for the benefit of the Federal Government expires.

5. section

Final provisions

Entry into force and transitional provisions

16. (1) this Federal Act with the exception of section 3 with 1 January 2013 enter into force.

(2) (constitutional provision) article 3 of this federal law effective with January 1, 2013.

(3) the provisions of sections 5 to 8 are to apply only to activities carried out after December 31, 2012. The provisions of article 15 are to apply only to contracts and agreements entered into after December 31, 2012.

(4) lobbying companies, companies that deal with corporate lobbyists, self-governing and interest associations, which are active even before the entry into force of this federal law and continue their activities, have to announce the data after the articles 9 to 12 until 31 March 2013 for registration. Up to this point, these and their lobbyists, corporate lobbyists, and stakeholders must continue their activity without registration.

(5) the provisions of § 13 are to apply only to acts committed after 31 March 2013.

Enforcement

§ 17. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

References

§ 18. As far as other federal laws are referenced in this Federal Act, these are to apply in their up-to-date version.

Article 2

Amendment to the court fees Act


The court fees Act, Federal Law Gazette No 501/1984, as last amended by Federal Law Gazette I no. 53/2011 as well as the regulation of the Federal Minister of Justice Federal Law Gazette II No. 242/2011, is amended as follows:

1. in article 2 Z 7 is the quote "TP 14 Nos. 3, 4, 8, 9, 10 and 11" by the quote "TP 14 Nos. 3, 4, 8 to 11 and 13 to 15" replaced.

2. the tariff post 14 12 following Z 13 to 15 shall be added after the Z: "13 for input to the first registration of lobbying companies in lobbying and taking register Department A1..." 600 Euro 14 for input to the initial registration of companies in the lobbying and taking register section B...200 Euro 15 for input to the first entry in the lobbying and taking register section C and D... 100 euro".

3. Article VI 47 following Z 48 attaches to the Z: "48. § 2 No. 7 and rate post 14 Nos. 13, 14 and 15 in the version of Federal Law Gazette I no. 64/2012 apply with 1 January 2013. "§ 31a is that with this federal law in tariff post newly created 14 Z 13 to 15 charges was to the proviso to apply, that starting point published for the new determination of the amounts of these fees for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."

Fischer

Faymann