Bvg Security Authorities Restructuring 2012

Original Language Title: BVG Sicherheitsbehörden-Neustrukturierung 2012

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49. Federal Constitutional Law, with which the Federal Constitutional Law and the Foreigners Police Act (Act 2005) are amended (BVG Security Authorities-Restructuring 2012)

The National Council has decided:

table of contents

Art.

Object/Label

1

Amendment of the Federal Constitutional Law

2

Amendment of the Tourism Act 2005

Article 1

Amendment of the Federal Constitutional Law

The Federal Constitutional Law (B-VG), BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 1/2012, shall be amended as follows:

(1) In Article 15 (3), the word sequence shall be: "the local area of action of federal police directorates" through the phrase "the territory of a municipality in which the State Police Directorate is at the same time the security authority of the first instance, the State Police Directorate" replaced.

(2) In Article 15 (4), the word order shall be " Federal police directorates in their local area of activity in the field of road police with the exception of the local road police (Art. 118 (3) (4)) and in the field of electricity and maritime transport on inland waters, with the exception of the Danube, Lake Constance, Lake Neusiedl and the border routes of other border waters " through the phrase " in the affairs of the road police with the exception of the local road police (Art. 118 (3) (4)) and the electricity and maritime transport services on inland waters, with the exception of the Danube, Lake Constance, Lake Neusiedl and the border routes of other border waters, for the territory of a municipality in which the State Police Directorate is also responsible for: The Security Authority of the First Instance, the State Police Directorate " replaced.

Article 78a (1) reads as follows:

" (1) The Supreme Security Agency is the Federal Minister for Home Affairs. He is the national police directorates, and the district administrative authorities are subordinate to them as security authorities. "

4. Art. 78b and Art. 78c are:

" Article 78b. (1) For each country there is a police directorate. At its top is the state police director. The provincial police director of the State Police Directorate Vienna bears the function designation "Landespolice President".

(2) The Federal Minister of the Interior shall appoint the Regional Police Director in agreement with the Governor of the State.

(3) The Federal Minister of the Interior shall have any instruction which is important in the state of public policy or is relevant for the maintenance of public peace, order and security throughout the country and which he grants to a State Police Director, the Governor of the State .

Article 78c. The extent to which the State Police Directorate is at the same time the security authority of the first instance for the territory of a municipality is governed by federal law. For Vienna, the State Police Directorate is also the security authority of the first instance. "

Article 78d (2) reads as follows:

"(2) For the territory of a municipality in which the State Police Directorate is at the same time the security authority of the first instance, a guard body may not be established by another local authority."

6. In Art. 102 (1), the phrase " , in particular federal police directorates, " .

(7) Article 151 is added to the following paragraph 50:

" (50) Art. 15 (3) and (4), Art. 78a (1), Art. 78b, Art. 78c, Art. 78d (2) and Art. 102 (1), as amended by the Federal Constitutional Law BGBl. I n ° 49/2012 will enter into force on September 1, 2012; at the same time, the Federal Government's ordinance on the establishment of federal police directorates and the definition of their local area of action (Federal Police Directorate-General Regulation), BGBl, will enter into force. II No 56/1999, except for force. "

Article 2

Amendment of the Tourism Act 2005

The Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 112/2011, shall be amended as follows:

1. In § 9 (1) the word "Security Directorates" by the word "State Police Directorates" replaced.

(2) The following paragraph 10 is added to § 126:

" (10) (constitutional provision) Section 9 (1) in the version of the Federal Constitutional Law BGBl. I N ° 49/2012 will enter into force on 1 September 2012 and will expire on 31 December 2013. '

Fischer

Faymann