Spg Novella 2011

Original Language Title: SPG-Novelle 2011

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13. Federal Act to amend the Security Policy Act, the Police Cooperation Act and the Federal Act on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption (SPG-Novelle 2011)

The National Council has decided:

Article 1

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 33/2011, shall be amended as follows:

1. In the table of contents, after the entry to § 13 the following entry is inserted:

" § 13a

Documentation "

2. In the table of contents, after the entry to § 83a the following entry is inserted:

" § 83b

Unauthorised use of protected graphic representations of the security authorities and police forces "

3. In the table of contents, the entry is 7. Part:

" 7. Part

Compensation and reimbursement of expenses "

4. In the table of contents the entry is to § 92:

" § 92

Compensation "

5. The entry in the table of contents is § 93a:

" § 93a

Information of constitutional bodies "

6. In Section 10 (2), the following Z 5a shall be inserted after Z 5:

" 5a.

the participation in the determination of the mental and physical aptitude of admissions to the Executive Service and of candidates for certain uses, without prejudice to the powers of participation of the Federal Chancellery in accordance with the law on tendering 1989 (AusG), BGBl. No. 85, "

7. The following paragraph 7 is added to § 10:

" (7) For the purposes of paragraph 2 (2) (5a), health data within the meaning of § 4 Z 2 of the DSG 2000, Federal Law Gazette (BGBl) may also be used for the purpose of determining mental and physical fitness, with the involvement of police doctors. I No 165/1999, to the extent that they are necessary for the assessment of the suitability of the Executive Service. The more detailed provisions on the performance of the aptitude test and the preparation and evaluation of the tests are to be determined by the Federal Minister of the Interior's regulation. "

8. In § 13, the sales denomination "(1)" as well as (2).

9. In accordance with § 13, the following § 13a and title shall be inserted:

" Documentation

§ 13a. (1) The security authorities are empowered to serve in the documentation of all official acts and administration of service pieces in the context of the performance of legally transmitted tasks of automation-assisted data processing. The data shall be deleted in accordance with the statutory retention or other requirements for the collection of the data.

(2) The files in the service of criminal justice are to be kept separate from the rest of the file inventory, the use of the criminal police data is only in accordance with the Code of Criminal Procedure 1975, BGBl. No 631/1975, and permissible for security purposes pursuant to Article 53 (2). The data is to update understandings about attitudes, acquittals and diversionary decisions. "

Section 16 (2) shall be as follows from Z 4:

" 4.

under the Suchtmittelgesetz (SMG), BGBl. I No 112/1997, with the exception of the acquisition or possession of addictive funds for personal use only (§ § 27 (2), 30 (2) SMG), or

5.

according to the Anti-Doping Federal Act 2007 (ADBG 2007), BGBl. I No 30,

"

11. In § 21, paragraph 3 reads:

" (3) The security authorities are responsible for the extended risk research; this is the observation

1.

of a person who

a)

speak out publicly or in written or electronic communications for violence against people, property or the constitutional bodies; or

b)

to acquire the means and knowledge which enable them to cause damage to property on a large scale or to endanger people;

and is to be expected to bring about a serious threat to public safety related to ideological or sectarian violence, or

2.

a grouping where, in view of their existing structures and developments in their environment, it is to be expected that there will be a serious threat to public security of related crime, in particular to: Philosophically or religiously motivated violence is coming. "

12. In Section 24 (1) (2), the word order shall be "have committed suicide" through the phrase "will commit suicide" replaced. "

13. In Section 38 (2), the phrase "may intervene" by the word "intervened" replaced.

14. The following paragraph 5 is added to § 38:

" (5) The bodies of the public security service are empowered to have a person who has entered the land or space of his or her land without legal grounds and without acquiescence of the owner of the property and, through his/her arrest on the ground, seriously into the rights of the owner. on the request of the owner. "

15. In § 49b, the word order shall be "or according to the pyrotechnic law" through the phrase " , according to the Pyrotechnic Act 2010 (PyroTG 2010), BGBl. I No 131/2009, by Art. III (1) Z 4 of the Introductory Act to the Administrative Procedures Act 2008 (EGVG), BGBl. I No. 87, or in accordance with § 3 of the Abmark Act 1960, BGBl. No. 84, " replaced.

16. In Section 53 (1) Z 6, the point shall be replaced by a line-point and the following Z 7 shall be added:

" 7.

for the analysis and assessment of the likelihood of endangering the constitutional institutions and their ability to act through the implementation of a crime after the Fourteenth and Fifteenth Section of the Penal Code. "

17. In Section 53 (3b), the word order shall be "vulnerable people" through the phrase "endangered or these accompanying persons" replaced.

18. In § 53 (5), after the word "Fahndung" the parenthesis expression "(§ 24)" inserted.

19. According to Article 54 (2), the following paragraph 2a is inserted:

" (2a) In order to support the surveillance in accordance with Article 54 (2), the use of technical means which, by means of the transmission of signals, enable the observation of the spatial area in which the person observed or the subject-matter observed is concerned. is permissible if the surveillance would otherwise be hopelessly or significantly impeded. "

20. In § 55a (2) (1), the line-point shall be deleted and the half-sentence shall be deleted. "or whose desired or perceived activity on behalf of the Authority otherwise makes access to confidential information in the sense of § 55 paragraph 3 Z 1 indispensable;" .

21. The following sentence shall be added to section 55a (4):

"With the consent of the person concerned, a security check may also be carried out before these deadlines have expired."

22. In § 57 (1), the word order shall be "The security authorities may" through the phrase "As far as this is necessary in each case for the achievement of the purpose of the data application, the security authorities may" replaced and after the word "Alias data" the phrase "as well as a light image" and after the word "Clothing" the phrase "as well as an indication of existing recognition service data processed pursuant to § 75 (1)" inserted.

23. In § 57 (1) (1) (1), after the phrase "domestic judicial command" the phrase " , an order of the Public Prosecutor's Office pursuant to § 171 StPO as well as an order of the Public Prosecutor's Office pursuant to § 169 StPO " inserted.

24. In accordance with § 57 (1) Z 10 the following Z 10a is inserted:

" 10a.

the person concerned has been the victim of an abuse of his or her identity by a person who has been subject to the investigation referred to in Z 1 to 4 or has been affected by the investigative measures referred to in Z 5, 6, 11 and 11a, and the person concerned is subject to the processing in accordance with the Article 68 (1) has been approved; "

25. In § 58 (1) Z 8, after the phrase "Z 10" the phrase "and 10a" inserted.

26. In § 58c (2), the following sentence is added:

"If special legal provisions so provide, the transmission of data to youth welfare carriers in matters of youth welfare is also permissible."

27. In § 63, the following (1a) and (1b) are inserted:

" (1a) In the cases of Section 53 (1) (7), the data shall be deleted if the analysis and assessment are at risk from the realization of a crime after the 14. and 15. Section of the special part of the penal code cannot be expected. At any rate, after the end of a year, they shall be deleted if no task is set out in accordance with § 21 (1).

(1b) In the cases of Section 53 (1) (2a), the data shall be deleted if, after the expiry of the time for which the authorization has been issued, no task is to be established pursuant to Section 21 (1). "

28. In § 65 (1) the word is deleted "more" .

29. In § 68 (1), after the word "to manufacture" the phrase " , to be processed with the consent of the latter pursuant to Section 75 (1) " inserted.

30. In Section 73 (6) and Section 74 (3), the quote is in each case "§ 68 (1), (3) or (4)" .

31. In § 75 (1) the word order shall be "and 67 (1) first sentence" through the phrase " , 67 (1) first sentence and (1a) and section 68 (1) " replaced.

32. In § 76 (1) and (2) and Article 86 (2), the word shall be "Federal Police Agency" by the word "Federal Police Directorate" replaced.

Section 76 (6) reads as follows:

" (6) The erasure of identification of the data concerning the application of the person concerned (§ 74) must be made by the security directorate in whose sphere of action the data are processed. These authorities are responsible for the communication pursuant to Article 27 (4) of the DSG 2000. If the processing is carried out on behalf of the Federal Minister for Home Affairs, this shall be the responsibility of the Federal Minister for the Affairs of the Federal Republic of Germany for the treatment of the application in accordance with § 74 and the communication pursuant to Section

Section 76 (7) is deleted.

35. In § 80 (1), the last sentence is deleted.

36. In § § 81 (1), 82 (1) and 83 (1) and 83 (1), the term of the word shall be "218 Euro" through the phrase "350 Euro" replaced.

37. In § 82 (1) the word order shall be "towards a military watch" through the phrase "vis-a-vis a military body in the guard service" replaced.

38. In § § 83a (1), 84 (1) and (1a) and subsection (1a) the word order shall be "360 Euro" through the phrase "500 Euro" replaced.

39. The following sentence shall be added to Section 83a (1):

'The same shall apply to the wearing of a uniform or parts of a uniform which, due to their colouring and design, are likely to give rise to the appearance of a uniform or a part of a uniform, referred to in paragraph 2.'

40. In accordance with § 83a, the following § 83b, together with the heading, is inserted:

" Unauthorized use of protected graphic representations of the security authorities and police forces

§ 83b. (1) Anyone who uses a graphic representation of the security authorities or police commanders, referred to in paragraph 2, in a way that is capable of pretending to have public authority, is subject to administrative surrender and is fined. up to 500 euros, in the case of incrimination, punishable by imprisonment for up to two weeks. The same applies to the use of word-image combinations which, due to their colouring and lettering, are likely to give rise to the appearance of a representation referred to in paragraph 2.

(2) The Federal Minister of the Interior designates, by means of a regulation, the graphic representations protected within the meaning of paragraph 1. "

41. In § 84 (1), the point at the end of the Z 5 is given by the word "or" replaced and the following Z 6 added:

" 6.

Contrary to a prohibition on the subject of a regulation pursuant to section 37 (1), "

42. In § 84 (1a) the word order shall be "1 500 Euro" through the phrase "2 300 Euro" replaced.

43. In § 91c (1), in the first sentence after the word order "Observation (§ 54 para. 2)" the phrase "and their technical assistance (Section 54 (2a))" inserted.

44. In § 91c (2), after the word order "§ 54 (6) and (7)" the phrase " , a data use in accordance with § 53 (1) Z 7 " inserted and in the third sentence the word "Data Application" through the phrase "Data application or usage" replaced.

45. In Section 91c (3), the word order shall be "Investigation measure pursuant to section 54 (3) and (4)" through the phrase " Investigation measure pursuant to section 54 (2), (2a), (3) and (4) replaced.

45a. In § 91c (3) the following sentences are added:

" The safety authority shall justify any authorisation to obtain authorisation accordingly. Authorization pursuant to Section 21 (3) (1) may only be granted for a period of not more than three months and shall, in principle, be extended only once by that period; a further three-month extension shall be permitted only if: this is strictly necessary on the basis of the information which has been determined up to that point in order to clarify whether the person concerned is responsible for a task in accordance with Article 21 (3) (1) (1). "

45b. In § 91d (4), the point after the first sentence is replaced by a line-point and the following sentence is added:

"In particular, reference should be made to appropriations in accordance with section 91c (3)."

46. In the title of the 7. Part and the paragraph of section 92 shall be the word "Damages" by the word "Compensation" replaced.

47. In § 92 the last sentence is:

" The procedure as well as the determination of the statute of limitations in connection with compensation claims are based on the police officer's compensation law, BGBl. No 735/1988. '

48. The title of § 93a reads as follows:

"Information on constitutional bodies"

49. In Section 93a (1), after the word order "Members of the Federal Government" the phrase " , the Federal President and the President of the National Council and the President of the Federal Council " and after the phrase "Ansehens of the Federal Government" the phrase " , the Federal President, the National Council or the Federal Council " inserted.

50. The following paragraph 32 is added to § 94:

" (32) § § 10 (2) Z 5a and (7), 16 (2) Z 4 and 5, 21 (3), 24 (1) Z 2, 38 (2) and (5), 49b, 53 (1) Z 6 and 7, 53 (3b) and (5), 54 (2a), 55a (2) Z 1 and (4), 57 (1) Subsection and Z 1 and 10a, 58 (1) Z 8, 58c (1) and (2). 2, 63 (1a) and (1b), 65 (1), 68 (1), 73 (6), 74 (3), 75 (1), 76 (1), (2) and (6), 80 (1), 81 (1), 82 (1), 83 (1), 83a (1), 83b and the title, 84 (1) and (1a), 86 (2), 91c (1) to (3), 91 (d) (4), the title of the 7. Part, 92 with title, 93a (1) and title, as well as the entries in the table of contents to § § 83b, 92 and 93a and to the 7. Part in the version of the Federal Law BGBl. I n ° 13/2012 will enter into force on 1 April 2012, at the same time Section 76 (7) will be repeal. § 13a together with the title and the entry in the table of contents to § 13a together with the title in the version of the Federal Law BGBl. I n ° 13/2012 will be 1. January 2014 in force, at the same time the sales denomination in § 13 and § 13 para. 2 will be repeal. "

Article 2

Amendment of the Police Cooperation Act

The Federal Act on International Police Cooperation (Police Cooperation Act-PolKG), BGBl. I n ° 104/1997, as last amended by the Federal Law BGBl. I n ° 132/2009, shall be amended as follows:

1. In Section 5 (3) (3), the phrase shall be: "Section 53 (3a) of the Security Policy Act" through the phrase " § 53 (3a), 3b and 3c of the Security Policy Act (SPG), BGBl. No. 566/1991, as well as Section 90 (7) of the Telecommunications Act 2003 (TKG), BGBl. No. 70/2003 replaced.

(2) The following paragraph 6 is added to § 20:

" (6) § 5 paragraph 3 Z 3 in the version of the Federal Law BGBl. I n ° 13/2012 will enter into force on 1 April 2012. "

Article 3

Amendment of the Federal Law on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption

The Federal Act on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption, BGBl. N ° 72/2009, shall be amended as follows:

1. In § 1, the word order shall be "Central Public Prosecutor's Office for the Prosecution of Corruption (KStA)" through the phrase "Central Prosecutor's Office for the Persecution of Economic Criminal Matters and Corruption (WKStA)" replaced.

2. In Section 4 (1), the phrase in Z 4 shall be: "Preparation of bribery" through the phrase "Preparation of the bribery or the benefit of the benefit" and in Z 7 the phrase "Preparation of bribery or benefit-taking" through the phrase "Preparation of bribery" replaced.

3. In § 6 (1) the word "KStA" by the word "WKStA" replaced.

4. In § 13, the sales designation shall be "(1)" is inserted and the following paragraph 2 is added:

" (2) § § 1, 4 and 6 (1) in the version of the Federal Law BGBl. I n ° 13/2012 will enter into force on 1 April 2012. "

Fischer

Faymann