Political Parties Act 2012 - Ppa

Original Language Title: Parteiengesetz 2012 - PartG

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

56. Federal Law on the Financing of Political Parties (Party Law 2012-PartG)

The National Council has decided:

Section 1

Political parties and accountability

Foundation, statutes, transparency

§ 1. (constitutional provision) (1) The existence and diversity of political parties are essential elements of the democratic order of the Republic of Austria (Art. 1 B-VG, BGBl. No. 1/1930).

(2) A political party is a permanently organized link which, through joint activity, is based on a comprehensive influence on the formation of the state, in particular through participation in elections to general representative bodies and the The European Parliament, whose statutes have been deposited with the Federal Ministry of the Interior.

(3) The establishment of political parties shall be free, unless otherwise provided by the Federal Constitution. Their activities shall not be subject to any restriction imposed by special legislation.

(4) The political parties shall adopt statutes which they shall have to deposit with the Federal Ministry of the Interior. This has to do with a publicly visible list, which has to contain the name of the political party and the date of the deposit of the statutes. With the deposit of the Articles of Association, the political party acquires legal personality. The statutes shall be published in an appropriate manner on the Internet by the political parties. The Articles of Association shall, in particular, contain information on the

1.

members of the party and their power of representation, in any event a management body, a general assembly and a supervisory body must be provided,

2.

Rights and duties of Members,

3.

the division of the party,

4.

Provisions on the voluntary dissolution of the political party.

(5) Political parties may announce their voluntary dissolution by the Federal Ministry of the Interior.

(6) The Court of Auditors may be entrusted with the task of federal law,

1.

Audit reports of political parties as well as non-political parties that are not political parties, and audit endorsements to control and publish these reports, auditors for the audit of To order accountability reports and to express the changes in the amounts of party funding, election advertising expenses and donations as amended by the Valorisation process,

2.

to be subject to its control, to legal transactions with political parties or to undertakings in which a political party or an organisation or a party to a party which is close to it, has its own legal personality , or an elective party that is not a political party, are involved, to disclose and to publish this information on its website,

3.

donations which have not been accepted in an illegal manner by parties or electoral parties which are not political parties, or Members or electoral advertisers who have run on a nomination proposed by a political party , as well as to communicate in its activity report and to bodies serving mildly or scientific purposes, and

4.

in the case of suspected violations of political parties or parties which are not political parties, or of close organisations or links of a party possessing its own legal personality, or of suspected parties, or of suspected violations of the law of a party or of a party which has its own legal personality, or of suspected violations of the law Breaches of accountability or acceptance of any donations or restrictions on the cost of the election of a Member of the European Parliament or of an election nominee who has run on a nomination by a political party To submit documents to the competent authority.

Definitions

§ 2. In the sense of the following paragraphs:

1.

"political party" means any party within the meaning of § 1,

2.

"electoral party" means a group of voters who, under the leadership of a different party denomination and drawing up a party list, participate in election advertising to a general representative body or to the European Parliament;

3.

"close organisation" means a separate organisation, separate from the political party (including its links within the meaning of Article 5 (1)), with its own legal personality, which supports this political party or the formation of the will of the political party. political party, in particular by posting to institutions, or where it is formed by the political party, in particular by posting to institutions, provided that this type of cooperation between the political party and the political party is Organization either in their legal bases or in the statutes of the party is fixed. Parliamentary clubs within the meaning of Section 1 of the Club Finance Act 1985, BGBl. No. 156, and legal entities within the meaning of Section 1 (2) of the Publication Law for the Promotion of Journalism 1984, BGBl. No 369, as well as the Landtag Club and the Party's educational establishment, which is sponsored by the respective Land, are not close to organizations within the meaning of this Act,

4.

"electoral expenditure" means the expenditure which a political party or an electoral party, which is not a political party, is specific to a general body of representation or to the European Parliament from the date of election until election day. -the choice of elections,

5.

"donation" means any payment, in kind or in the form of a living subsidy, the natural or legal persons

a.

a political party, or

b.

an elective party that is not a political party, or

c.

an outline of the political party which has its own legal personality, or

d.

a near-term organization, with the exception of those within the meaning of Section 4a (2) (2) (3) of the Income Tax Act 1988, BGBl. No 400, as well as those institutions which promote the promotion of grassroots sport, or

e.

to Members who have run on a nomination by a political party, or

F.

to electoral advertisers who have run on an election proposal put forward by a political party,

shall be granted without the corresponding consideration. Not to be regarded as a donation are membership fees, contributions of the mandatare and functionaries belonging to the respective party, contributions from professional and business associations and other advocacy groups with voluntary membership in the sense of the Article II (1) of the Federal Law BGBl. No 391/1975 to the groups represented in its institutions, as well as to the contributions of professional professional interest groups to the groups represented in their institutions,

6.

"sponsorship" means any payment, in kind, or any living subsidy to a natural or legal person;

a.

a political party,

b.

an elective party that is not a political party, or

c.

an outline of a political party which has its own legal personality; or

d.

a close-up organisation, with the exception of those within the meaning of Section 4a (2) (3) of the Income Tax Act 1988, BGBl. No 400, as well as those institutions which promote the promotion of grassroots sport, or

e.

a members of parliament who have run on a nomination by a political party, or

F.

a Election advertiser, who ran on a nomination by a political party,

, with the aim of promoting their names, their appearance, their activities or their achievements, in particular in the event of events of the under-lit. a to f mentioned persons or organizations Stalls rented or otherwise the logo or company name, in particular on invitation cards, event notes or in the context of events used; publications in media apply not as sponsorship,

7.

"Inserat": a publication in the media, which is based on payment, in kind, or on a living basis, the media owner of which is a political party.

Section 2

Amount and distribution of funding, restriction of electoral expenditure

Party Support

§ 3. (constitutional provision) The Federal Government, the Länder and the communes can apply for annual funding to political parties for their involvement in the political decision-making process in the federal, state and local government. For this purpose, the political parties represented in a general representative body may be granted a total of at least EUR 3.10 per election entitled to the respective general representative body, but not more than 11 euros. Countries can regulate their funding within the double framework amounts, in order to ensure participation in political decision-making at the district and municipal level. For the purpose of determining the number of persons entitled to vote, persons entitled to vote in the last election to the general body of representative shall be put to the vote. Any additional application to political parties and elective parties in order to dispel election advertising costs in elections to general representative bodies is inadmissible. Federal funding for political parties is to be regulated by a special federal law.

Restriction of electoral expenditure

§ 4. (1) Any political party may spend a maximum of EUR 7 million on election advertising between the date of the election and the election day to a general body of representation or the European Parliament. Where the same nomination is supported by two or more political parties, the maximum amount for the combined expenditure of these parties shall apply. The maximum amount shall also be included in the expenditure of individual electoral advertisers who have run on an election proposal submitted by the political party, with the expenditure of an elector for election advertising adapted to his/her person up to to the amount of EUR 15 000.

(2) Expenditure on election advertising shall be in particular:

1.

external advertising, in particular posters,

2.

Postal consignments and direct mail,

3.

Folder,

4.

Election campaign gifts for distribution,

5.

Advertising and advertising in print, radio and audio-visual media,

6.

cinema spots,

7.

gross costs for party-owned media, as long as they are distributed in a higher order or higher than in non-election times,

8.

the cost of Internet advertising;

9.

the costs of the communication, media, advertising, direct advertising, event, switching, PR and similar agencies and call centres responsible for the election campaign,

10.

additional personnel costs,

11.

expenditure of the political party for the electoral advertisers,

12.

Political party expenditure for natural persons and groups of persons to support an electoral advertiser.

Section 3

Accountability

Accountability Report

§ 5. (1) Each political party shall have an annual accounts report on the nature of its revenue and expenditure with a report. This report shall also include those elements of the political party which do not have their own legal personality. The report is divided into two parts of the report, the first part of which is the revenue and expenditure of the federal organisation and the second part of which is the territorial breakdown (country, district, community organisations), Regardless of whether they own legal personality or are parties themselves within the meaning of § 1. By way of derogation from (4) and (5), the part of the report on the district and community organisations shall comprise a comparison of the total amount of revenue and expenditure. The drafting of the relevant report is the responsibility of the party organisation concerned. To the extent that a political party pursuant to § 1 is already covered by an accountability report in accordance with the third sentence, its accountability shall be deemed to have been fulfilled.

(1a) The report shall be followed by a listing of the names of those territorial changes (country, district, community organisations), which shall be taken into account in the second part of the report.

(2) This accountability report must be reviewed and signed by two auditors (§ 9) not connected by the law firm (§ 8). The auditors shall be appointed by the Court of Auditors for a five-year period from a fifth proposal of the respective political party. An immediately following reorder is inadmissible.

(3) Proof with regard to the restriction of the expenditure on electoral advertising (Section 4 (1)) shall be shown in a separate section of the accountability report relating to the election year. Further statutory accountability obligations shall remain unaffected.

(4) The accounting report shall at least show the following types of income and income separately:

1.

Member contributions,

2.

payments from close-to-the-line organisations,

3.

Grants,

4.

Contributions from the respective party members and officials,

5.

income from a party's own economic activity,

6.

Income from shareholdings,

7.

revenue from other assets,

8.

donations (with the exception of Z 11 and 12),

9.

Income from events, the production and distribution of printed documents and similar income directly resulting from the party's activities,

10.

revenue from sponsorship and advertising,

11.

revenue in the form of free or non-remunerated staff (living subsidies),

12.

Benefits in kind,

13.

the inclusion of credit,

14.

other income and revenue, which shall be shown separately from more than 5 vH of the respective annual revenue.

(5) The accounts report shall at least have the following types of expenditure to be identified separately:

1.

Staff,

2.

Office expenses and purchases, with the exception of low-value economic goods,

3.

the cost of public relations, including press products,

4.

events,

5.

Fleet,

6.

other expenses for administration,

7.

Member contributions and international work,

8.

Legal, audit and advisory costs,

9.

credit costs and loan repayments,

10.

expenditure on travel and travel,

11.

Payments made to company participations,

12.

payments to close-up organisations,

13.

Support of an electoral advertiser for the election of the Federal President,

14.

other types of effort, such as to be shown separately in the amount of more than 5 vH of the respective annual expenditure.

(6) A list of companies in which the party and/or an organisation close to it and/or an outline of the party having its own legal personality, at least 5 vH direct shares, shall be attached to the accountability report; or 10 vH shall hold indirect shares or voting rights. Close organizations and members of the party who have their own legal personality have to provide the political party with the necessary complete and correct information. To the extent that such information has already been submitted to a higher-level territorial division of a political party, the obligation to transmit shall be deemed to be fulfilled. The Court of Auditors shall notify those undertakings which have been notified to it of the legal entities under its control and shall invite those entities to submit to it, within one month, the total amount of aid between the legal entities and each of the individual entities. of the listed companies in the period under review of the legal transactions concluded in the report.

(7) Each political party shall submit to the Court of Auditors, by 30 September of the following year, the accountability report, including the lists of donations, sponsorships and lists of advertisements, and the list of the participating undertakings in accordance with paragraph 6. Close organizations and members of the party who have their own legal personality, as well as MPs and electoral advertisers who have run on a nomination by the political party, have the political party. to provide the complete and correct information required for the donation, sponsorship and insert lists. The time limit referred to in the first sentence may be extended by up to 4 weeks by the Court of Auditors in the case of a reasoned request by the political party.

Donations

§ 6. (1) Each political party may accept donations in accordance with the following provisions (§ 2 Z 5).

(2) In an annex to the Accountability Report (§ 5), each political party has to expel donations separately as follows:

1.

donations to the political party and those to its members, who do not have their own legal personality,

2.

Donations to close-up organisations, other than those within the meaning of Section 4a (2) (2) (3) of the Income Tax Act 1988, BGBl. No 400, as well as facilities for the promotion of grassroots sport, and in terms of the members of the party who have legal personality,

3.

Donations to MPs and electoral advertisers who have been running on a nomination by the political party.

(3) The Annex shall be broken down as follows:

1.

Total donations of natural persons not covered by Z 2,

2.

Total amount of donations from natural and legal persons registered in the company's register,

3.

Total amount of donations from clubs not covered by Z 4

4.

Total amount of donations from professional and business associations based on voluntary membership, from institutions, foundations or funds.

This does not apply to donations to organizations according to. 2 (2), (1) and (2) at the municipal level, as well as Members and electoral advertisers. 2 (2) (3).

(4) Donations, the total amount of which exceeds the amount of EUR 3 500 in a calendar year (financial year), shall be indicated by indicating the name and address of the donor. Donations to federal, state and county organizations are to be combined.

(5) Donations which in individual cases exceed the amount of EUR 50 000 shall be reported to the Court of Auditors without delay. The donor shall immediately publish the donations on the Court's website, stating the name and address of the donor.

(6) Political parties shall not accept donations from:

1.

Parliamentary clubs within the meaning of the Club Finance Act 1985, BGBl. No. 156, and Landtag clubs,

2.

Legal entities within the meaning of Section 1 (2) of the Law on the Promotion of Journalism in 1984, BGBl. No 369, and by country-sponsored educational institutions of the parties,

3.

public bodies,

4.

Non-profit institutions within the meaning of Section 4a (2) (2) (1) to (3) of the Income Tax Act 1988, BGBl. No 400, as well as facilities for the promotion of grassroots sport,

5.

Undertakings and institutions in which the public sector is involved in at least 25 vH,

6.

foreign natural or legal persons, provided that the donation exceeds the amount of EUR 2 500,

7.

natural or legal persons, provided that it is a donation in cash exceeding EUR 2 500,

8.

anonymous donors, provided that the donation in individual cases is more than EUR 1 000,

9.

natural or legal persons who wish to transmit a donation from a third party, provided that the donation is more than EUR 1 000;

10.

natural or legal persons who wish to grant a donation to the Party in anticipation of or in return for a particular economic or legal benefit; and

11.

Third parties who want to raise funds against a party to pay for this party.

(7) In accordance with paragraph 6, unauthorised donations shall be forwarded by the party to the Court of Auditors without delay, no later than the submission of the account report for the year in question. The Court of Auditors has to keep the amounts received in a separate account and, moreover, in its activity report (Art. 126d (1) B-VG).

(8) The Court of Auditors shall forward the amounts received within a calendar year as referred to in paragraph 7 to bodies serving mildly or scientific purposes at the beginning of the calendar year following that date.

(9) (3) to (8) shall apply mutagenly to all changes to a party, to members and to electoral advertisers who have run on an election proposal submitted by the political party, and to organisations that are close to it, except those in the sense of the § § 4a (2) (2) (3) of the Income Tax Act 1988, BGBl. No 400, as well as facilities for the promotion of grassroots sport.

(10) ( Constitutional provision ) By way of derogation from the provisions of paragraphs 2 to 7, stricter rules may be adopted by the national legislation.

Sponsoring and Inserate

§ 7. (1) In an annex to the Accountability Report (§ 5), each political party has revenue from sponsorship (§ 2 Z 6), the total amount of which exceeds the amount of EUR 12 000 in a calendar year (financial year), stating the name and address of the sponsor. Sponsorship for federal, state and county organizations is to be combined.

(2) Likewise, from any political party, revenue from advertisements (§ 2 Z 7) shall, in so far as these revenues exceed the amount of EUR 3 500 in individual cases, be indicated by indicating the name and address of the advertiser.

(3) The obligation to specify the revenue from sponsorship (§ 2 Z 6) and advertisements (§ 2 Z 7) also exists for all divisions of a party, for MPs and electoral advertisers, who are on a nomination by the political party , and for organisations close to it, other than those within the meaning of Section 4a (2) (3) of the German Income Tax Act 1988, BGBl. No 400, as well as facilities for the promotion of grassroots sport.

(4) ( Constitutional provision ) By way of derogation from paragraphs 1 to 3, more stringent provisions may be adopted by the national legislation.

Section 4

Accountability control

Audit and control

§ 8. (1) The examination of the accountability reports shall cover whether the provisions of this Federal Law have been complied with. The examination shall be made in such a way as to identify, in the event of a conscientious professional exercise, computational inaccuracies and infringements of this law.

(2) The examiner may require the institutions or persons authorised to do so to require any information and evidence which requires the careful fulfilment of his audit obligation. To that extent, it should also be allowed to examine the documents for the compilation of the accountability report, the books and documents, as well as the cash registers and assets.

(3) The result of the examination shall be laid down in a written examination report which shall be submitted to the governing bodies of the party.

(4) If, after the final result of the examination, no objections are to be raised, the examiner shall confirm, by endorsement, that, following an appropriate examination, the books of the political party as well as those of the governing bodies shall be considered as having been due to the conclusion of the examination. Statements and evidence of the accountability report in the extent to which the representative authorized persons have been informed in accordance with the provisions of this Act. If objections are to be raised, the examiner shall fail or limit the confirmation in his audit opinion.

(5) The audit opinion shall be placed on the account report. The accountability report shall be forwarded to the Court of Auditors.

Incompatibilities for accountants

§ 9. (1) An auditor shall not be an auditor if there are grounds, in particular, relationships of business, financial or personal nature, where there is a concern of partiality.

(2) An auditor shall be excluded as an auditor if he/she

1.

has exercised an office or function in the party or for the party, or has exercised it in the last three years,

2.

has participated in the management of the books or the preparation of the audit report to be examined, beyond the audit activity,

3.

a legal representative, a member of the supervisory board or a member of a legal person or a personal company, an employee of a natural or legal person or a personal company, provided that the natural or legal person is a member of a legal person or a partnership The legal person, the personal company or any of its members may not be the examiner of the party for the reasons mentioned in Z 1 or 2.

(3) An accounting firm is excluded as an auditor if it is itself, one of its legal representatives, a shareholder, a company affiliated with it (§ 228 Company Code, BGBl. No 120/2005) or any person employed by it in the examination referred to in paragraph 2 may not be an examiner.

(4) The examiners and the legal representatives of an audit firm, who are involved in the examination, are obliged to carry out their duties and to secrecy in a conscientious and impartial manner.

(5) The provisions of the Economic Scatter Trade Act, BGBl. I n ° 58/1999, remain unaffected.

Audit by the Court of Auditors and sanctions

§ 10. (1) The accountability report (§ 5) to be established by a political party shall also be subject to the control of the Court of Auditors.

(2) The Court of Auditors shall, in accordance with the following paragraphs, examine the accuracy of the accountability report and its conformity with the provisions of this Federal Law.

(3) If the Court of Auditors finds that the accountability report meets the requirements (§ 5), the accountability report, including the list of donations, sponsorship and insert lists, and the list of participating undertakings in accordance with paragraph 6 above, and the scope of the transactions concluded by these companies during the reference year with bodies subject to the control of the Court of Auditors, separately by individual parties and undertakings, on the Court of Auditors ' website and on the website of the political authorities Party.

(4) Where there is concrete evidence to the Court that information contained in the accountability report of a political party is incorrect or incomplete, the Court of Auditors shall be able to provide the political party concerned with the opportunity to: to give an opinion within a reasonable time. It may require the political party to confirm the accuracy of its opinion by its chartered accountant.

(5) The Court of Auditors shall, on the basis of an opinion requested in accordance with paragraph 4, not issue the concrete evidence available to the Court of Auditors in respect of the accounts of the Court of Auditors, List of auditors sent by lot to an auditor who has not been appointed so far with the audit of the accountability report (§ 5). For the auditor to be ordered in this way, § 9 shall apply, subject to the condition that the certified auditor also has no office or function in any other party or for another party or has been exercised over the last three years. is allowed. The political party shall have access and inspection to the auditor appointed by the Court of Auditors in the documents and supporting documents necessary for the examination.

(6) Uncorrect or incomplete information has been provided in the report and could not be removed either by the political party or by the auditors appointed by the Court of Auditors, or by the party concerned. In the event of an infringement of § 5 (4) or (5) or (5) or § 7 of the amount of up to EUR 30 000, in the event of an infringement of Section 5 (6), a fine shall be imposed in accordance with paragraph 4 in the event of a breach of the seriousness of the offence. the amount of up to EUR 100 000. If the violation of § 5 (6) or § 7 arises from an incorrect or incomplete information or an indication of an appropriate organization or organization of the party which has its own legal personality, it shall be the subject of the opinion in the The purpose of paragraph 4 is to be called for. Where the incorrect or incomplete information has not been removed by the close organisation or structure of the party which has its own legal personality or by the auditors responsible for the Court of Auditors, or is it not possible to: the time-limit laid down in accordance with paragraph 4 has expired, a fine of up to 30 000 shall be imposed on the organisation of the party which is close to it or on the organisation of the party which has its own legal personality. EUR 100 000.

(7) If a political party has not declared donations in breach of § 6 (4) or has not reported, contrary to § 6 (5), or has been accepted in violation of Section 6 (6), a fine of up to three times the amount of the offence shall be imposed on them depending on the seriousness of the offence. the amount obtained, but at least in the amount of the obtained amount. If the infringement results from incorrect or incomplete information or an indication of an appropriate organisation or organization of the party which has its own legal personality, the fine shall be the holding of the organisation or the organization of the party, or the organization of the party. The division of the party which has its own legal personality.

(8) In the event of the exceeding of the maximum amount by up to 25 vH, as set out in § 4, a fine is to be imposed at the level of up to 10 vH of the excess amount. If the exceedance exceeds the limit of 25 vH, the fine shall be increased by up to 20 vH of this second excess amount.

Independent parties-Transparency-Senat

§ 11. (1) (constitutional provision) In order to impose fines and fines under this federal law, the independent party-transparency-Senate is set up, which has to decide on the basis of the documents submitted by the Court of Auditors. Members and substitute members of the Senate shall be independent in the performance of their duties and shall not be bound by any instructions.

(2) The Senate is established at the Federal Chancellery. It consists of three members, namely the Chairman, a Chairman-in-Office, and one other member, as well as three members. All members and substitute members shall carry out their duties as a part-time professional. A member or a substitute member can only be appointed who

1.

completed the study of the legal sciences or the studies on the law or the state sciences, and

2.

have at least 10 years of professional experience,

3.

has extensive knowledge of the Austrian party system and

4.

offers every guarantee of independence and is recognised as an outstanding competence in the field of business, science or education, due to its previous activities.

(3) The member or substitute member shall not be appointed:

1.

Members of the Federal Government, State Secretaries, members of a state government, members of the National Council, the Bundesrat or otherwise of a general representative body or the European Parliament, as well as persons who are in a A political party or a function in a federal or state organisation of a political party, persons who are in a service relationship with a club of a general representative body, or who are in a position to be a member of a political party. is assigned to such a service, parliamentary staff within the meaning of the parliamentary staff act, as well as people's lawyers and the President of the Court of Auditors,

2.

Persons who are in a service relationship with a legal entity of the civic education work in the area of political parties within the meaning of § 1 of the Publication Law for the Promotion of Public Education 1984, BGBl. 369,

3.

Staff of the Cabinet of a Federal Minister or Office of a Secretary of State or another in § 5, 6 or 8 (1) of the Bezügegesetz, BGBl. No 273/1972, the institution of the Federal Republic of Germany or of a country, and

4.

Persons who have carried out one of the activities and functions mentioned in Z 1 to 3 within the last year.

(4) Members and substitutes may not engage in any activity for the duration of their duties, which could cause doubts as to the independent performance of their duties or the presumption of a partiality, or which they may wish to fulfil in the performance of their duties. service duties or jeopardise essential service interests.

(5) The members shall be appointed by the Federal President on a proposal from the Federal Government for a period of five years. For each member, a substitute member shall be appointed, which shall replace the member in the event of the member being prevented from taking the place. A reorder is allowed. The Federal Government is a member of one member each and one member of the other member of the German Government, consisting of three persons in alphabetical order.

1.

of the President of the Constitutional Court,

2.

of the President of the Administrative Court, and

3.

of the President of the Supreme Court

committed.

(6) (constitutional provision) The Federal Government's proposal calls for agreement with the main committee of the National Council.

(7) After the end of the operating period, the previous members shall continue the business until the constituent meeting of the newly appointed members.

(8) The senate shall decide by a simple majority in the presence of all members. A abstention is inadmissible. The proceedings before the Senate are the provisions of the General Administrative Procedure Act 1991, BGBl. No. 51, of the Administrative Law of 1991, BGBl. No. 52, and the Administrative Enforcement Act 1991, BGBl. No 53. Decisions on fines are to be published on the website of the Senate and, together with the accountability report of the party concerned, on their website. The decisions of the Senate are not subject to the repeal or amendment in the administrative path. Decisions of the Senate are admissible at the appeal of the Administrative Court.

(9) The members shall be entitled to the replacement of the appropriate travel expenses and cash expenses as well as to a meeting allowance to be determined by the Federal Government by means of a regulation on the importance and scope of the tasks to be carried out. is.

Penalties

§ 12. (1) The independent party-transparency-Senate has to impose a fine on the political party on the basis of a communication on the political party which the Court of Auditors has reimbursed.

(2) Who intentionally

1.

a donation contrary to § 6 (4) does not expel or

2.

a donation against § 6, para. 5, and does not report or

3.

accept a donation contrary to § 6 (7) and do not forward it or

4.

a donation for the circumvention of § 6 para. 4, 5 or 6 Z 9 is broken down into partial amounts and recorded or recorded in the form of a donation,

shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 20 000.

(3) Has a Member or an electoral advertiser who has run on a nomination proposed by the political party (Section 6 (9)) has not expelled a donation in breach of § 6 (4) or is accepted in breach of § 6 (5) and not , or in violation of Section 6 (7), and not forwarded, the amount of money corresponding to the amount of the respective donation shall be recognised in addition to the default.

(4) Anyone who intentionally makes inaccurate statements for the accountability report as a responsible officer responsible for the conformity of statements made in accordance with the rules on accountability shall be subject to an administrative surrender and shall be responsible for: a fine of up to 10 000 euros.

(5) § 19 VStG, according to which, in particular, the extent of the fault is to be taken into account and the income and financial circumstances must be taken into account. The amount of the donation is also to be taken into consideration.

Section 5

Application to other legal entities

Electoral Parties

§ 13. § § § 4 to 12 shall apply mutatily to electoral parties which are not political parties. Donations and ads as well as sponsorship for individual electoral advertisers must be shown in the accountability report of the elective party.

6.

Final provisions

Valorization Rule

§ 14. (1) (constitutional provision) As from 2015, the amounts referred to in § 3 shall be reduced or increased to that extent in which the consumer price index 2010 or the index of the previous year, lauded by the Bundesanstalt "Statistik Österreich", shall be deducted from the amount of the amounts. altered.

(2) From 2015, the amounts referred to in § 4 and § 6 (4) and (5) and (6) (6) to (9) shall be reduced to that extent in which the consumer price index (2010) or the consumer price index, which has been lauded by the Federal Statistical Office (Bundesanstalt "Statistik Österreich"), has been reduced to changed its position in the previous year, without taking into account changes as long as they do not exceed 5 vH of this index number and in the sequence 5 vH of the most recent index number for the valorisation. For the purpose of calculating the new amounts, amounts not exceeding 50 cents shall be rounded off to the nearest whole euro, and amounts exceeding 50 cents shall be rounded up to the next-higher euro. The new amounts will be valid from the next month's next month after the index change by the Bundesanstalt Statistik Austria. The Court of Auditors shall make known the amounts as amended by the valorisation and the date in which its amendment becomes effective in the Federal Law Gazans II.

Enforcement and application of other federal laws

§ 15. (1) With regard to § 1, § 3, § 6 (10) and § 11 (1) and (6) and section 14 (1) of this Federal Act, the Federal Government, incidentally the Federal Chancellor, is entrusted with the task of executing this Act.

(2) As far as other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

(3) All personal names used in this Federal Act shall apply equally to persons of both female and male sex.

Entry into force and transitional provisions

§ 16. (1) (constitutional provision) Subject to the arrangement made in paragraph 3, § 1, § 3, § 6 para. 10, § 11 para. 1 and 6 as well as § 14 para. 1 shall enter into force on 1 July 2012; at the same time, the party law, BGBl. No. 404/1975, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 111/2010, except for its § 4. To the extent that this is necessary for the adaptation to § 3, the amendment of the national legal regulations must be carried out no later than the end of the 31 December 2012.

(2) § 2, § 4, § 6 (1) to (9), § 10 (7) and (8), § 11 (2) to (5) and (7) to (9), § 12, § 13 and § 15 shall enter into force on July 1, 2012. Section 6 (4) is to be applied in 2012 with the proviso that only the second half of the year 2012 is recorded as a calendar year. § 7 shall apply in 2012 with the proviso that revenue from sponsorship and advertising shall be disclosed only if the underlying agreements have been concluded after 1 July 2012. § 5, § 8 and § 10 para. 1 to 6 occur with 1. Jänner 2013 in force. With this date, § 4 of the Party Law, BGBl. No. 404/1975, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 111/2010, except for force.

(3) ( Constitutional provision ) Section 1 (4) second sentence shall enter into force on 1 July 2013.

(4) The provisions of § § 2 to 12 shall apply only to those political parties which have been in place since the first time. Jänner 2000 have deposited their statutes or since 1. January 2000 on elections to a general representative body or to the European Parliament.

Fischer

Faymann