Spg Novella 2011

Original Language Title: SPG-Novelle 2011

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13 federal law, with which the Security Police Act, the police cooperation law and the Federal law on the establishment and organization of the Federal Office for corruption prevention and combating corruption are changed (SPG Novella 2011)

The National Council has decided:

Article 1

Amendment of the Security Police Act

The Security Police Act (SPG), Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 33/2011, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 13:



'article 13a





Documentation"




2. in the table of contents, the following entry is inserted after the entry for section 83a:



"section 83 b"





Unauthorized use of protected graphical representations of the security authorities and police commands"




3. in the table of contents, the entry to the 7th part is:



"7th part





Compensation and costs for damages"




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



"article 92





Compensation"




5. in the table of contents is the entry for section 93a:



"section 93a





Information of constitutional institutions"




6. in article 10, par. 2, 5a is inserted after the Z 5 following Z:



' 5a. participation in determining the mental and physical suitability of inclusion recruiters in the Executive services and of applicants for certain uses, without prejudice to the powers of participation of the Federal Chancellery under the Competition Act 1989 (ED), BGBl. No. 85, "7. The following paragraph 7 is added to article 10:

"(7) for the purposes of paragraph 2 Z 5a may with the involvement of police physicians as medical examiners to determine the mental and physical fitness also health information within the meaning of § 4 No. 2 of the DSG 2000, Federal Law Gazette I no. 165/1999, are processed, insofar as these are necessary to evaluate the suitability of the Executive service." The detailed provisions on the implementation of the aptitude test and the creation and evaluation of tests are set by regulation of the Federal Minister of the Interior."

8. in article 13, paragraph called "(1)", as well as of paragraph 2 are eliminated.

9. after article 13, the following section 13a together with heading shall be inserted:

"Documentation

§ 13a. (1) the security authorities are authorised to operate in the documentation of all official acts and administration of service pieces within the automation-supported data processing law metaphor duties. The deletion of data according to in accordance with the statutory storage or other mapping requirements.

(2) the acts in the service of criminal justice are to run separately from the remaining inventory of the acts, the use of criminal data is only in accordance with the code of criminal procedure 1975, BGBl. No. 631 / 1975, and for security purposes pursuant to § 53 para 2 allowed. The data are understandings about settings, update acquittals and diversion Ellen decisions."

10 § 16 para 2 from Z 4 as follows:



"4 under the Narcotics Act (SMG), Federal Law Gazette I no. 112/1997, excluding the acquisition or possession of drugs for personal use (§ 27 para. 2, 30 para 2 SMG), or 5 according to the anti-doping - Federal 2007 (ADBG 2007), Federal Law Gazette I is no. 30,."

11. in article 21 paragraph 3 reads:

"Incumbent extended danger research; (3) the security authorities This is the observation



1. a person, the a) publicly or in written or electronic communication to violence people, things or the constitutional bodies speaks out against, or b) resources and knowledge gained, which put them in a position, to cause material damage on a vast scale or the risk to people and to be expected is that it induces an ideologically or religiously motivated violence associated with serious danger for public safety ", or 2. a grouping, when to expect in terms of their existing structures, and to alterations developments in their environment is that it comes with serious danger for public safety of related crime in particular to religious or ideologically motivated violence."

"12. in article 24, paragraph 1 Z 2 is the phrase"committed suicide"by the phrase"will commit suicide"replaced."

13. in article 38, paragraph 2 the phrase replaced "to intervene" by the word "intervene".

14 the following paragraph 5 is added to § the 38:

"(5) the organs of public security are authorized who away assign without reason and without toleration of the owner which land or space has entered and by his persisting on the ground interferes severely in the rights of the owner, at the request of the owner."

15 in §, the phrase "or according to the law of pyrotechnics" by the word order is 49 b ", after the Fireworks Act 2010 (PyroTG 2010), Federal Law Gazette I no. 131/2009, under article III paragraph 1 No. 4 of the introductory act to the administrative procedure law 2008 (IX), Federal Law Gazette I no. 87, or according to § 3 of the insignia Act 1960, BGBl. Nr. 84," replaced.

16. in article 53, paragraph 1, no. 6 is the point replaced with a semi-colon and following no. 7 added:



"7. for the analysis and evaluation of the probability of a threat to the constitutional institutions and their ability to act through the implementation of Act stock after the fourteenth and fifteenth section of the Penal Code."

17. in article 53, paragraph 3, b is replaced by the phrase "vulnerable or those accompanying people" the phrase "vulnerable people".

18. in article 53, paragraph 5, of the parenthetical expression (§ 24) is inserted after the word "Investigation".

19. According to article 54, paragraph 2, the following paragraph 2a is inserted:

"(2a) to support the surveillance in accordance with article 54, paragraph 2, the use of technical means that allow the determination of the spatial range, in which the observed person or the watched object resides in the ways of transmission of signals is permitted if the observation would be otherwise impossible or substantially more difficult."

20. in section 55a, paragraph 2 No. 1 eliminates the semicolon and is the half-sentence "or its intended or perceived activity on behalf of the authority otherwise makes essential access Z 1 confidential information within the meaning of § 55 paragraph 3;" appended.

The following sentence is added to 21 section 55a, paragraph 4:

"With the consent of the person concerned a security review before expiry of these deadlines can be arranged."

22. in article 57, paragraph 1, the phrase "the security authorities may" by the phrase "As far as this is necessary for the achievement of the purpose of the data application that the security authorities may" replaced and after the word "Alias" data, the phrase "as well as a photograph" and after the word "Clothes" inserted the phrase "as well as a reference to already existing criminal data processed in accordance with article 75, paragraph 1".

23. in article 57, paragraph 1 Z 1 is to the phrase "domestic judicial command" the phrase ", an order of the public prosecutor's Office on the basis of a judicial authorization in accordance with section 171 StPO, as well as an order of the public prosecutor's Office in accordance with section 169 StPO" inserted.

24. under article 57, paragraph 1, Z 10 following Z 10a is inserted:



"10a. after Z or by a written out after Z 1 to 4 was 5, 6, 11 and 11a of the listed investigative measures affected people affected victims of abuse of his identity and the person concerned of processing; approved in accordance with section 68, paragraph 1"

25. in article 58, paragraph 1 Z 8 adds the phrase "and 10a" after the phrase "Z 10".

26. in section 58 the following sentence is added c paragraph 2:

"Unless special regulations provide for this, a transfer of data on youth welfare support in matters of child welfare is permitted in addition."

27. in section 63 be inserted after para 1 following paragraph 1a and 1B:

"(1a) in the cases of § 53 ABS 1 Z 7 are the data to delete, if the analysis and evaluation of a risk through the implementation of Act stock not anticipating for the 14 and 15 section of the special part of the Penal Code." After one year, they are certainly delete if no task pursuant to § 21 para 1.

(1B) in the cases of § 53 ABS 1 Z 2a are to delete the data, if after expiry of the time for which the authorization to do so has been granted is, no item is pursuant to section 21 paragraph 1. "

28. in article 65, paragraph 1, the word is "another".

29. in article 68, paragraph 1 is for the word "establishing" the phrase ", to process them with his consent in accordance with article 75, paragraph 1" inserted.

30. in article 73, paragraph 6 and article 74, paragraph 3, the quotation reads each "article 68, paragraph 1, 3, or 4".

31. in article 75, paragraph 1, the word order is "and 67 para 1 first sentence" by the phrase ", 67 paragraph 1, first sentence, and paragraph 1a and article 68, paragraph 1" replaced.

32. in article 76, paragraph 1 and 2 as well as article 86, paragraph 2 the word "Federal police authority" is substituted with the word "Federal Police Directorate".

33. paragraph 76 para 6:


"(6) the deletion of erkennungsdienstlicher data on request of the person concerned (section 74) is to cause in whose scope the data is processed by the Department of security. "The message is whether these authorities according to § 27 ABS. 4 DSG 2000 is the processing on behalf of the Federal Minister of the Interior, then DSG is this treatment of the application according to § 74 and communication pursuant to § 27 ABS. 4 2000."

34. paragraph 7 eliminates § 76.

35. in article 80, paragraph 1, the last sentence is omitted.

36. in article 81 paragraph 1, 82 par. of 1 and 83 para 1 is each the phrase '218 euro' the phrase "$350" replaced by.

37. in article 82, paragraph 1, the phrase "to a military guard" is replaced by the phrase "to a military body in the security".

38th in the § 83a paragraph 1, 84 para 1 and para 1a, the phrase "360 euros" is replaced by the phrase "500 euros".

39. § 83a paragraph 1 the following sentence is added:

"The same applies for wearing a uniform or uniform parts, which are likely due to their color and design to give the appearance of a uniform designated pursuant to paragraph 2 or a part of the uniform."

40. According to section 83a, the following section is inserted 83 b together with heading:

"Unauthorized use of protected graphical representations of the security authorities and police commands

section 83 b. (1) who is a designated graphical representation of the security authorities in accordance with paragraph 2 or used police commands in a way that is suitable to simulate a public permission, commits an administrative offence and is up to 500 euro fine to punish with imprisonment up to two weeks in the event of recovery. The same applies to the use of Word picture combinations that are suitable on the basis of their colour scheme and font design, make it seem of a representation that is designated in accordance with paragraph 2.

(2) the Federal Minister for Home Affairs designated by regulation. the graphic representations that are protected in the sense of paragraph 1"

41. in article 84, paragraph 1, the point is replaced "or" at the end of the Z 5 by the word and attached following no. 6:



'6. a regulation pursuant to § 37 para 1 arranged prohibition contravenes,' 42. In § 84, paragraph 1a is replaced by the phrase "2 300 euros" the phrase "1 500 euro".

43. in paragraph 91c para 1 is in the first sentence after the phrase "Observation (§ 54 para 2)" the phrase "and their technical support (§ 54 para 2a)" added.

44. in paragraph 91c para 2 is after the phrase "§ 54 para 6 and 7" the phrase ", a use of data according to § 53 ABS 1 Z 7" inserted, and in the third sentence, the word "Data-application" replaced by the phrase "Data application or usage".

45. in paragraph 91c paragraph 3 is the phrase "Investigative measure pursuant to § 54 para 3 and 4" by the phrase "investigative measure according to article 54 paragraph 2, 2a, 3 and 4" replaced.

45A. In the section 91c paragraph 3 following sentences shall be added:

"The Security Authority shall each obtaining an authorisation to establish. An authorisation pursuant to § 21 para 3 Z 1 may be; granted only for the duration of not more than three months and generally only once during this period extended a further extension is allowed only for a further three months if this is strictly necessary as a result of information obtained until then, to clarify whether it turns with regard to the person concerned a task pursuant to § 21 para 3 Z 1."

(b) 45. Section 91 paragraph 4 replaces the point after the first set with a semicolon, and added the following sentence:

"in particular c paragraph 3 is on appropriations according to § 91 at refer."

46. in the heading of the 7 part and the section heading of section 92, the word "Damages" is replaced by the word "Compensation".

47. in paragraph 92, the last sentence reads:

"The process and the determination of the limitation periods in connection with compensation claims are aimed at after the police authority compensation law, BGBl. No. 735/1988."

48. the heading of section 93a is as follows:

"Information of constitutional institutions"

49. in section 93a paragraph 1 the phrase ", the Federal President and the President of the National Council and the Chairman of the Federal Council" is the phrase "Members of the Federal Government" and the phrase ", of the President, of the National Council or the Federal Council" inserted after the phrase "Reputation of the Federal Government".

50 32 the following paragraph is added to article the 94:

"(32) § 10 par. 2 Z 5a and paragraph of 7, 16 para 2 Z 4 and 5, 21 para of 3, 24 paragraph 1 Z 2, 38 para 2 and 5, 49 b, 53 para 1 Nos. 6 and 7, 53 para 3 b and 5, 54 para 2a, 55a paragraph 2 No. 1 and para of 4, 57 para 1 introductory as well as no. 1 and 10a" , 58 para 1 sub-para. 8, 58c para of 2, 63 par. 1a and 1B, 65 paragraph of 1, 68 para 1, 73 para of 6, 74 paragraph of 3, 75 paragraph 1, 76 para 1, 2 and 6, 80 para 1, 81 paragraph 1, 82 par. of 1, 83 para 1, 83a para. 1, 83b including heading, 84 para 1 and 1a, 86 para 2, 91c para 1 to 3 , 91 d par. 4, the title of the 7th part, 92 including heading, 93a paragraph 1 and heading as well as the entries in the table of contents to the §§ 83 b, 92 and 93a and 7 amended by Federal Law Gazette Part I 13/2012 No. 1 April 2012 into force, at the same time § 76 para 7 override. "§ 13a together with heading and the entry in the table of contents to § 13a together with heading as amended by Federal Law Gazette I no. 13/2012 contact 1 January 2014 into force, at the same time the sales designation appear in article 13 and article 13 paragraph 2 override."

Article 2

Amendment of the police cooperation Act

The Federal Act on international police cooperation (police cooperation law - PolKG), Federal Law Gazette I no. 104/1997, as last amended by Federal Law Gazette I no. 132/2009, is amended as follows:

1 in § 5 para 3 Z 3 is the phrase "§ 53 paragraph 3a of the Security Police Act" by the phrase "article 53 paragraph 3a, 3B and 3 c of the Security Police Act (SPG), Federal Law Gazette No. 566/1991, as well as § 90, section 7 of the Telecommunications Act 2003 (TKG), Federal Law Gazette No. 70/2003" replaced.

2 the following paragraph 6 is added to in section 20:

"(6) section 5 para 3 Z 3 as amended by Federal Law Gazette I no. 13/2012 effective with April 1, 2012."

Article 3

Amendment of the Federal Act on the establishment and organization of the Federal Office for corruption prevention and fight against corruption

The Federal Act on the establishment and organisation of the Federal Department for the corruption prevention and combating corruption, Federal Law Gazette I no. 72/2009 is amended as follows:

1. in article 1, the phrase "Central Public Prosecutor's Office to prosecute corruption (corruption Prosecutor - KStA)" is replaced by the phrase 'Central public prosecutor to prosecute economic criminal cases and corruption (WKStA)'.

2. in article 4, paragraph 1 the phrase "Preparation of corruption" is replaced in Z 4 7 the phrase "Preparation of bribery or the acceptance of bribes" by the phrase "Preparation of bribery or the acceptance of bribes" and in Z by the phrase "Preparation of bribery".

3. in article 6, paragraph 1, the word "KStA" is replaced by the word "WKStA".

4. in article 13, inserted the paragraph description (1), and added the following paragraph 2:

"(2) articles 1, 4 and 6 para 1 as amended by Federal Law Gazette I no. 13/2012 apply with April 1, 2012."

Fischer

Faymann