Amendment Of The Economic Chamber Act 1998 - Wcg Amendment 2011

Original Language Title: Änderung des Wirtschaftskammergesetzes 1998 - WKG-Novelle 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997780/nderung-des-wirtschaftskammergesetzes-1998----wkg-novelle-2011.html

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3. Federal law, which the Management Board Act 1998 - modifies WKG amendment 2011

The National Council has decided:

The Economic Chamber Act 1998 - WCG, Federal Law Gazette I no. 103/1998, as last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1. in article 20 paragraph  2 the following sentence is added:

"In consideration of the care of this task, the Chambers of the country are subject to the instructions of the Federal Minister of finance."

Paragraph 5 the following sentence shall be added 2 §§ 29, par. 5 and 40:

"These employees are entitled to represent the Board in these matters."

3. § 60 para 3 first sentence reads as follows:

"The President of the Chamber of the country, as well as the Director and his deputies are entitled to participate in the meetings of all bodies of the National Chamber and the special interest groups (specialized agencies), as well as the associations supervised by the National Chamber according to § 16 Advisory."

4. § 60 paragraph 4 first sentence reads as follows:

"The President of the Federal Chamber, as well as the Secretary-General and his deputies are entitled to participate in the meetings of all bodies of organizations of for trade and industry, as well as the working groups in accordance with § 16 Advisory."

5. paragraph 61 paragraph 4 first sentence reads as follows:

"The decisions of the Chamber Headquarters in accordance with § 23 and § 35, the Division Executive Committees, specialist groups and association committees and the representatives can be grouped in circular."

6 paragraph 76 paragraph 3 as follows:

"(3) the main Electoral Commission of the Federal Chamber has to set a time-frame of four days, as well as the record date for the primaries. A period of at least ten weeks must be between the date and the first possible election day."

7 the following paragraph 8 is added to in section 78, paragraph 7:

"(8) no member or substitute member of an Election Commission to lead the elections referred to in § 79 para 4 is available this is a member or substitute member of the main Electoral Commission to carry out."

8 § 80 para 2 third and fourth sentence reads as follows:

"At least one member of the Electoral Commission of the branch is to order, where recipients no. 560/1978, as voting persons within the meaning of this provision apply a pension after the commercial Social Insurance Act, Federal Law Gazette from the eligible persons. The other members of the Electoral Commission of branch can be also from the circles of the employed in the area of the Chambers of Commerce or already retired employees as well as the formerly passive ordered voters who have lost the right to vote not for the reason of § 73 para 4 No. 2 or § 73 para 7, if this is necessary due to the number of branch electoral commissions."

9 § 84 para 1 last sentence reads as follows:

"The announcement of the election announcement has to be made at the latest on the date."

10. in article 84, para. 3 subpara 1 lit. a) the first word is "That" by the phrase "the date the" replaced.

11 § 84 para 3 No. 5 lit. (b) is as follows:



"(b) the dates from which notifications of defects at the main Election Commission Office to pick up are;"

12 § 85 para 2 second sentence reads as follows:

"A corresponding power of Attorney must be presented, but replaced the template of a choice card issued on the border a person the power of attorney."

13 paragraph 85 paragraph 6 as follows:

"(6) after the date the requirements of active and passive suffrage are determined."

14 § 87 para 1 second sentence reads as follows:

"The Electoral Commission has persons whose inclusion in the voters list was challenged, only then to communicate subject if would be to grant the opposition due to the file location."

15. in article 88, paragraph 1, second sentence is replaced the word "six" by the word "seven".

16 § 88 par. 3 No. 1 is as follows:



"1. the endorsement of voters."

17 paragraph 88 paragraph 5 as follows:

"Any candidates in the election proposal of a group of voters can appear (5) within a group or trade representation. If it is included also in the nomination of another group of voters, he is from the Office of the main Election Commission under simultaneous transmission of a copy of the letter to the authorised agent of the affected groups of voters to ask, to explain for whom the election proposals he decides within three days of notification of the invitation. All other election proposals he is to delete. Delivery is that of the candidates on the Declaration of consent to be made if he announced a change of the main Electoral Commission specified delivery address. Delivery cannot be performed, this comes at the expense of the recruiter of choice. Causes in the case of a deposit, as with the first day of the keep of the shipment for pickup, applies if the candidates due to absence from the place of delivery or in connection with the change in time of the delivery process could acquire knowledge. The Declaration must be received by no later than the end of the third day after the delivery at the main Election Commission. If he is not or not timely explains he is of all nominations to delete."

18. in article 89, paragraph 1, the phrase "one week" by the phrase is replaced in the first sentence "two weeks".

19 paragraph 89 para 2 and 3 as follows:

"(2) the notice of the deficiencies referred to in paragraph 1, first sentence, is Z 5 by the availability of communication from writing for the respective delivery agent or a person authorized by this the personal and electronic pick up in the Office of the main Electoral Commission from the in the election by-laws pursuant to article 84, paragraph 3 lit. b) specified time. The delivery of the notification letter is causes than with this time.

(3) on the review procedure to allow only election proposals, are the



were 1 timely filed and the required minimum number of signatures of supporters exhibit 2nd at least a candidate and 3rd."

20 89 para 5 the following sentence is added to §:

"With simultaneous receipt of the lot decides."

21. the former paragraph 3, 4 and 5 of section 89 receive the terms of paragraph (4), (5) and (6).

22 § 90 is as follows:

"90th (1) voters entitled, provided that the choice is not made electronically, to issue a card of choice for the primaries. Permission to vote by way of Rückmittlung of the sealed election map at the main Election Commission or to the of this designated place is connected with the electoral map. Voters, whose election map at the main Election Commission or the of this particular point is not timely received, can make the voting in the relevant branch Electoral Commission (§ 93 WCG).

(2) the right to issue a choice card is at the main Election Commission of the country Chamber responsible for the electors or the of this particular point within the period laid down by the main Electoral Commission in the election proclamation in writing or personally claim to make.

(3) requested voting cards are at the main Election Commission or the by this specific authority from the owner of the one-man company personally to pick up WCG at legal persons and other legal entities by the voting agent within the meaning of article 85, paragraph 2 or by mail to transmit these persons on request. Such a transfer has to be done in the way of a safe delivery at the delivery address of the applicant. The applicant bears the risk of delayed their arrival at a desired postal delivery of voting cards.

(4) the electoral map is as lockable envelope to produce and has to bear the printing to be determined on a facility to the election rules of Chamber of Commerce. By appropriate technical measures to ensure that concerning the voters personal data, in particular the signature, are covered by a lockable latch before forwarding to the main Election Commission or by this particular point is and that it is possible to seal the electoral map, the personal data of the voter and whose affidavit at the main Election Commission or the of this particular point to make visible , without having this already opens the electoral map. On the election map prints with remarks can be according to their technical nature attached to their handling.

(5) the main Electoral Commission has to provide the following documents in a sealed envelope voting by means of a card:



1. the electoral map in the form of envelopes. The electoral map has accordingly to match the pattern to be determined on a facility to the election rules of Chamber of Commerce and must be provided with the following information: a. name and address of the voting member, b. Member number, c. number of electoral rights and abbreviation of concerned Fachorganisation(en) and d. address of the main Election Commission Office, or the from this specific point, on which the choice card is.

2. the (s) ballot papers together with the (s) Wahlkuvert(s).


(6) Rückmittlung of the sealed election map at the main Election Commission is the authority to vote the way or to which this site designated use made, so the voters to put completed official ballot in the respective election envelope / the election envelopes the from him, to close diese(s) and to place in the electoral map has to explain eidesstattlich then on the electoral map by handwritten signature , that he unnoticed and unaffected, filled out / the official ballots personally, then to close the voting card and in good time to the competent main Electoral Commission or by the designated authority to convey that the electoral map received there no later than on the penultimate working day before the first possible election day, failing which she is not considered. Is a central index of voting is used, the main Electoral Commission may decide also that the electoral map must be received no later than on the last election day at the competent main Electoral Commission or the from this location.

(7) in the ways of Rückmittlung of the sealed card at the main Election Commission or the votes of this designated place are void if



1. the affidavit on the electoral map or obviously not by the electorate was traded, 2. contains the electoral map more election envelopes or ballots, voting rights are to the voters, 3. the integrity test has revealed that the electoral map is so damaged that a previous abusive removal or dismounting of the inverted election envelopes must be suspected, 4 due to an application of fields located under the flap of the electoral map the data or the signature of the voter can be made no longer visible or 5 the choice card not later than on the penultimate working day before the first possible election day or, if due to the use of a central voting list the main Electoral Commission has decided that the electoral map must be received no later than in last election day when the competent main Electoral Commission or the of this particular point, is reached at the last election.

(8) the detailed provisions on the voting cards and the holding of elections to choose cards are to meet in the election rules of Chamber of Commerce."

23 in the §§ 101, para 3 lit. b, 102 paragraph 3 lit. b, 107 para 3 lit. b, 109 para 3 lit. (b) and 110 para 3 lit. b is the twist "has brought (have)" by the phrase "brings (introduce)" to replace.

24. the sections 101, para 3, 102 paragraph 3, 109 para 3 and 110 para 3 are appended the following sentences:

"The communication in accordance with letter. (a) or lit. (b) must be received no later than three days after the last election day in the competent main Electoral Commission. It is irrevocable from the moment of their arrival at the registry of the main Electoral Commission."

25. in section 102 paragraph 3 still the following sentence is added the two newly added sets:

"Such a notice is only taken into account if a matching communication pursuant to article 101, paragraph 3 or is delivered."

26 paragraph 104 paragraph 1 as follows:

"(1) constituencies which are represented in the economy Parliament not in the relationship of mandates that are obtainable in the primaries as a whole, taking into account the additional relevant to the occupation of the Division representatives can send so many more members in Parliament business as this corresponds to this relationship."

27 para 1 and article 113, paragraph 1, the following sentence is added at § 105:

"Both the Chairman and his Deputy are prevented, the choice passes certain Member of the main Electoral Commission, is an appropriate arrangement has not been hit, oldest available Member of the main Electoral Commission by the Chairman of years."

28 paragraph 106 paragraph 1 as follows:

"(1) constituencies which are represented in the extended Bureau not in the relationship of mandates that are obtainable in the primaries as a whole, taking into account the additional relevant to the occupation of the Division representatives can send so many more members in the enlarged Bureau as equivalent to this relationship."

29 section 107 subsection 3 third sentence reads as follows:

"The communication pursuant to article 107, paragraph 3 lit. (a) or lit. (b) must be received no later than three days after the last election day when the main Election Commission at the Chamber of Federal. It is irrevocable from the moment of their arrival at the registry of the main Electoral Commission."

30 Article 107 paragraph 5 third sentence is replaced by the following sentences:

"The number of mandates that are deleted on the individual voter groups during the primaries in the relevant specialist group committees (at the trade representatives) corresponds to the number of valid votes. No occupation proposal is submitted by a voter group, a specialist group Chairman (Chairman of the representatives) belongs to, or no mandate is to the voter group as a result of the investigation, the relevant specialist group Chairman (Chairman of the representatives) still belongs to the Association Committee; "the mandate of such specialist group Chairman (Chairman of professional representation) is in these cases the number of mandate set out in the catalogue of choice to end but must be a voter group, from an association with another (para 3 lit. a) is emerged or were included in the mandates (para 3 lit. b), attributable to let those stewards whose Mandat of the Association have assumed, or was included."

31 paragraph 107 paragraph 10 as follows:

"(10) the main Electoral Commission has the names of the members of the Association committees after the initial occupation of the mandates to be published, but is this statement with regard to the members members of the Committee referred to in article 48 par. 3 only declaratively. Membership of the stewards of the respective sections (the Chairman of the representatives) in the Association Committee ends with the termination of their function as Chairman of the appropriate section (Chairman of the representatives)."

32. in section 110 subsection 3 still the following sentence is added the two newly added sets:

"Such a notice is only taken into account if a matching communication pursuant to article 109, paragraph 3 or is delivered."

33. paragraph 112 paragraph 1 as follows:

"(1) voter groups that are be represented in the economic Parliament of the Federal Chamber in relation with the primaries in the area of all country Chambers in the entire mandate achieved, taking into account the additional relevant to the occupation of the Division offices of the Federal Chamber, can send so many more members in Parliament of the Federal Chamber of economy, as this corresponds to this relationship."

34. paragraph 114 paragraph 1 as follows:

"(1) voter groups that are be represented in the extended Bureau of the Federal Chamber in relation with the primaries in the area of all country Chambers in the entire mandate achieved, taking into account the additional relevant to the occupation of the Division offices of the Federal Chamber, can send so many more members of the enlarged Bureau of the Federal Chamber, as this corresponds to this relationship."

35. Article 117 para 1 second sentence reads as follows:

"When ordering is on a balanced regional representation, as well as to the relationship of the voter groups during the primaries in the area of all country Chambers in the entire mandates achieved taking into account the additional relevant to the occupation of the Division offices of the Federal Chamber to be taken into account."

36. paragraph 117 paragraph 5:

(5) § "are 98 and § 99 paragraph 3 to 6 apply accordingly. The choice is to lead by a member or substitute member of the main Electoral Commission."

37. in article 118, paragraph 3, the second sentence is replaced by the following sentences:

"Mutatis mutandis for the selection of the regional authorities granting apply section 117, paragraph 3 and the provisions of § 99 paragraph 3 to 6. The choice is to lead by the President or by this official resources (statutory) or employees of the Chamber of Commerce."

38. Article 119 is as follows:

"119. (1) if the statement (by-laws) the election results of the election (occupations), voters lists and election and appointment is arranged in this federal law, has to be carried out in accordance with the following provisions.

(2) delegation decisions are pursuant to § 81 para 6 to be published by attack at the Office of the respective main Electoral Commission.

(3) all statements to be in connection with the choice of profession groups committees such as in particular the names of the members, Chairman and their deputies by professional groups committees carried out attack at the Office of the Trade Organization.

(4) all other pronouncements in electoral matters provided for in this law such as in particular the election announcement, the election proposals, the election results, as well as the names of the members of the collegial bodies and the people elected in single body functions, including the results of the by-elections and supplementary occupations in accordance with section 115 be carried out on the Internet. The end of the day of the release on the Internet raises the running of the period in accordance with article 98, paragraph 1.


(5) in the electoral code, more detailed provisions on the statement issued on the Internet are to meet.

(6) any reproduction of election-related announcements in the newspaper of a provincial Chamber has no influence on the running of the respective periods."

39. Article V is added the following article VI together with the heading:

"Article VI

Entry into force and transitional provisions

1. (1) the Federal Act Federal Law Gazette I no. 3/2012 occurs, unless the following not else is determined at the end of the day of its by-laws in force.

2. (1) section 119 of the effect into force.

(2) Statute provisions may be adopted for the implementation of § 119 already as of the day following the announcement of the law; they apply no earlier than the date referred to in paragraph 1."

Fischer

Faymann