Amendment Of The Economic Chamber Act 1998 - Wcg Amendment 2011

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

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3. Federal Act, with which the Economic Chamber Act 1998 is amended-WKG-Novelle 2011

The National Council has decided:

The Economic Chamber Act 1998-WKG, BGBl. I No 103/1998, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

(1) The following sentence shall be added to Article 20 (2):

"In view of the concern of this task, the State Chambers shall be subject to the instructions of the Federal Minister of Finance."

2. § § 29 (5) and 40 (5) is added to the following sentence:

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

§ 60 (3), first sentence reads as follows:

" The President of the State Chamber and the Director and his alternates shall be entitled to attend meetings of all the institutions of the State Chamber and of the specialist groups (technical representatives) as well as of the working groups supervised by the State Chamber. participating in an advisory vote in accordance with § 16. "

4. § 60 (4), first sentence reads as follows:

" The President of the Federal Chamber, as well as the Secretary-General and his deputies, shall be entitled to attend meetings of all the organs of the organizations of the business economy and of the working communities pursuant to Section 16 with a consultative vote "

Section 61 (4) first sentence reads as follows:

"The decisions of the chamber presides according to § 23 and § 35, the Sparten Presidia, the specialist group and trade association committees as well as the technical representatives can also be taken in the round of circulation."

6. § 76 (3) reads as follows:

" (3) The Main Electoral Commission of the Federal Chamber shall set a time frame of four days for the primaries as well as the date of the closing date. A period of at least 10 weeks must be between the deadline and the first possible election day. "

7. § 78 (7) is added to the following paragraph 8:

"(8) If no member or substitute member of an electoral commission is available for the management of the elections referred to in § 79 (4), the latter shall be made by a member or a substitute member of the main electoral commission."

8. § 80 (2) third and fourth sentence is as follows:

" At least one member of the branch election commission is to be ordered from the circle of eligible persons, with recipients of a pension according to the Industrial Social Security Act, BGBl. 560/1978, shall be considered as eligible persons within the meaning of this provision. The other members of the Branch Election Commission may also be members of the staff employed or already retired in the area of the Chambers of Commerce, as well as those of the former passively those entitled to vote who do not have the right to vote from the Pursuant to Section 73 (4) (2) or (7) of Section 73 (7), orders are to be ordered if this is necessary because of the number of branch election commissions. "

9. § 84 (1) last sentence reads as follows:

"The ballot of the election manifestation shall be made no later than the date of the deadline."

10. In § 84 para. 3 Z 1 lit. (a) the first word "The" through the turn "The cut-off date, the" replaced.

11. § 84 para. 3 Z 5 lit. (b) reads as follows:

" (b)

the dates from which communications relating to deficiencies in the head office of the main electoral commission are to be collected; "

The second sentence of Article 85 (2) reads as follows:

"A corresponding power of atonation shall be submitted, but the presentation of an electoral card issued to the person who has been issued shall be replaced by the authority."

Article 85 (6) reads as follows:

"(6) After the deadline, the conditions of active and passive voting rights are determined."

14. § 87 (1) second sentence reads as follows:

"The Electoral Commission has to communicate to persons who have been subject to opposition to the voters ' list only if the objection would have been granted on the basis of the file situation."

15. In § 88 (1), second sentence, the word "six" by the word "seven" replaced.

Section 88 (3) Z 1 reads as follows:

" 1.

The declarations of support of the persons entitled to vote. "

17. § 88 (5) reads as follows:

" (5) Within a professional group or professional representation, each electoral advertiser can only appear in the nomination of a group of voters. If it is also included in the nomination of another group of voters, it shall be sent by the head office of the main election commission, accompanied by a copy of the letter of writing to the appointing agents of the interested parties. call on the electorate to declare within three days of the notification of the request for which of the nominations the nominations shall be made. It is to be deleted from all other nominations. The delivery shall be made to the delivery address indicated by the election advertiser on the declaration of consent, unless he has notified a change to the same of the main election commission. If the delivery cannot be carried out, this shall be at the expense of the electoral advertiser. In the event of a deposit, it shall also be deemed to have been effected on the first day of the dispatch of the consignment for collection, if the ballot advertiser is not in due time of the delivery process due to absence from the delivery point or as a result of the modification of the latter. Knowledge gained. The declaration must be made by the Main Electoral Commission by the end of the third day at the latest after the notification. If he or she does not declare himself or not in good time, he shall be deleted from all nominations. "

18. In § 89 (1) the turn is made in the first sentence "one week" through the turn "two weeks" replaced.

19. § 89 (2) and (3) reads as follows:

" (2) The notification of the deficiencies referred to in the first sentence of paragraph 1 shall be made by holding the notification letter for the respective appointing representative or a person authorised by this person for personal and electronic collection. in the office of the Main Electoral Commission as from the one in the election manifestation pursuant to § 84 para. 3 Z 5 lit. (b) Time. The notification of the notification shall be deemed to have been effected at that time.

(3) Only election proposals which are to be admitted to the examination procedure shall be:

1.

submitted in good time and

2.

at least one applicant, and

3.

the minimum required number of signatures of supporters. "

In Article 89 (5), the following sentence is added:

"At the same time, the lot is decided."

21. The previous paragraphs 3, 4 and 5 of section 89 are given the sales names "(4)" , "(5)" and "(6)" .

22. § 90 reads as follows:

" § 90. (1) If the election is not carried out by electronic means, eligible voters shall be entitled to issue an electoral card for the primary elections. The voting card shall be accompanied by the right to vote in the course of the return of the closed electoral card to the relevant main electoral commission or to the body designated by that competent authority. Persons entitled to vote, whose electoral card has not arrived in time for the main election commission or in the case of the position determined by this particular body, may make the ballot at the relevant branch election commission (§ 93 WKG).

(2) The right to issue an electoral card shall be the main election commission of the national chamber responsible for the electoral authority or the body designated by that authority within the main election commission of the main election commission in the election manifestation period of time in writing or in person.

(3) In the case of the Main Electoral Commission or the entity designated by that particular entity, election cards shall be requested by the holder of the individual undertaking in person, in the case of legal persons and other legal entities by the authorised representative in the sense of the vote § 85 (2) of the WKG, or to submit these persons by post to the person on request. Such a transmission has to be made by means of a secure delivery to the applicant's address. The applicant shall bear the risk of late arrival in the case of a required postal transfer of electoral cards.

(4) The electoral card shall be prepared as a lockable envelope and shall bear the imprints to be established in an annex to the economic chamber electoral system. Appropriate technical arrangements shall ensure that the personal data relating to the persons entitled to vote, in particular its signature, before being forwarded to the main electoral commission or to the body designated by that authority, shall be ensured by: a lockable flap is covered and, after the closing of the voting card, it is possible to make the personal data of the voter as well as his/her affidavit visible to the main election commission or to the position determined by that particular authority. without having to open the voting card. In accordance with their technical characteristics, printed materials with instructions for their handling can be applied on the voting card.

(5) The Main Electoral Commission shall provide the following documents in a closed envelope for the vote by means of an electoral card:

1.

The ballot card in the form of a envelope. The electoral card shall be in accordance with the model to be laid down in an annex to the electoral system of the economic chamber and shall be accompanied by the following information:

a.

the name and address of the eligible member,

b.

Member number,

c.

the number of eligible voting rights and short names of the relevant specialist organisation (s); and

d.

Address of the head office of the main election commission or of the office to which the electoral card is to be returned.

2.

The ballot paper (s) together with the ballot box (s).

(6) Where the right to vote is taken into account in the course of the return of the closed electoral card to the relevant main electoral commission or to the body designated by it, the voter shall have the official or the official nomination of the election card, the official Place ballot papers in the respective ballot box (s), close them (s) and place them on the ballot card, then declare on the ballot card by a personal signature eidesstattlich that he/she has the ballot paper (s) in person, unobserved and unaffected, then the electoral card shall close in good time to the relevant main election commission or to the body designated by that Commission, that the electoral card shall arrive there no later than the penultimate working day before the first possible election day, if it does not shall be considered. Where a central voting list is used, the Main Electoral Commission may also decide that the electoral card must arrive at the relevant Main Electoral Commission or at the position determined by that authority no later than the last election day.

(7) The votes cast by the competent main election commission or the body designated by that authority shall be void by means of the return of the sealed electoral card, if:

1.

the affidavit of the ballot card has not been made, or is manifestly not made by the person entitled to vote,

2.

the electoral card contains more votes or ballots than voting rights are entitled to vote,

3.

the verification of integrity has shown that the electoral card is damaged in such a way as to suspect a previous abusive withdrawal or withdrawal of the incumbable electoral envelope,

4.

the data or the signature of the voter can no longer be made visible or the voters ' signature can no longer be made visible, or that the fields of the electoral card are not visible or

5.

the voting card shall not be held at the latest on the penultimate working day before the first election day or, if the main election commission has decided, on the basis of the use of a central voting register, that the voting card shall be the latest on the last election day in the case of the relevant main election commission or of the body designated by that particular body, arrived on the last election day.

(8) The more detailed provisions on the election cards and the conduct of the election card election shall be taken in the Economic Chamber Electoral Regulations. "

23. § § 101 para. 3 lit. b, 102 para. 3 lit. b, 107 para. 3 lit. b, 109 para. 3 lit. b and 110 para. 3 lit. b is the twist "brought in (have)" through the turn "submit (bring in)" to replace it.

(24) The following sentences are added to § § 101 (3), 102 (3), 109 (3) and 110 (3):

" The communication according to lit. a) or lit. (b) must have arrived at the relevant Main Electoral Commission by no later than three days after the last election day. It shall be irrevocable from the date of its arrival at the head office of the Main Electoral Commission. "

25. In § 102 (3), the following sentence is added to the two newly added sentences:

"However, such a notice shall only be taken into consideration when an idente notice pursuant to § 101 (3) is present or is issued."

26. § 104 (1) reads as follows:

" (1) Groups of voters who are not represented in the economic parliament in relation to the mandates reached in the primaries in the whole, taking into account the accounts that are relevant to the occupation of the divisions ' representatives, may be subject to such a number of additional Send members to the Economic Parliament as this corresponds to this ratio. "

27. § 105 (1) and 113 (1) the following sentence is added:

" If both the chairman and his deputy are prevented, the election of the member of the main election commission appointed by the chairman shall not have been made a corresponding arrangement, from the oldest available years available Member of the Main Electoral Commission. "

Section 106 (1) reads as follows:

" (1) Groups of voters who are not represented in the enlarged Bureau in relation to the mandates reached in the primaries in the whole, taking into account the statements made for the occupation of the divisions ' representatives, may be subject to such a number of additional Send members to the enlarged Bureau, as this corresponds to this relationship. "

Article 107 (3), third sentence, reads as follows:

" The communication pursuant to § 107 (3) (3) lit. a) or lit. (b) must have arrived at the Federal Chamber by the Main Electoral Commission no later than three days after the last election day. It shall be irrevocable from the date of its arrival at the head office of the Main Electoral Commission. "

30. § 107 (5) third sentence is replaced by the following sentences:

" The number of votes cast on the individual groups of voters in the primary elections in the relevant committee committees (among the specialist representatives) corresponds to the number of valid votes cast. If a group of voters who is a member of a group of experts (chairman of the professional representatives) does not submit a proposal or does not have a mandate on the basis of the investigation procedure, the relevant voter group does not belong to the group concerned. Nevertheless, expert group obmann (chairperson of the professional representatives) to the Fachverbandsausschuss (Fachverbandsausschuss); the mandate of such an expert group obmannes (chairperson of a professional representation) should be added to the number of mandates set in the electoral catalogue in these cases, but a group of voters, who are members of an association with a other (par. 3 lit. (a) has emerged or the mandate has been attributed (para. 3 lit. (b) to be attributed to those persons whose mandate has been or has been transferred to the association. "

31. § 107 (10) reads as follows:

" (10) The Main Electoral Commission shall be entitled to the names of the members of the Section Committees after the first-time occupation of the mandates, but this statement shall have an effect on the members of the Committee pursuant to Section 48 (3) of the Board of Truthful Membership of the members of the relevant specialist groups (the chairperson of the professional representatives) in the Fachverbandsausschuss (Fachverbandsausschuss) is terminated by the termination of their function as chairman of the relevant specialist group (Chairman of the Professional representative).

32. In § 110 (3), the following sentence is added to the two newly added sentences:

"However, such a notice shall only be taken into consideration when an idente communication is available or is issued in accordance with § 109 para. 3."

33. § 112 (1) reads as follows:

" (1) groups of voters who do not participate in the economic parliament of the Federal Chamber in the context of the primary elections in the area of all the chambers of the Federal Republic of Germany in the whole of the Federal Chamber, taking into account the relevant As many other members have been represented, they can send so many other members to the Federal Chamber of Business, as this corresponds to this relationship. "

34. § 114 (1) reads as follows:

" (1) Groups of voters who in the enlarged Bureau of the Federal Chamber are not in proportion to those in the primary elections in the area of all the national chambers throughout the whole, taking into account the relevant for the occupation of the branch offices of the Federal Chamber As many other members have been represented, they can send so many other members to the enlarged Presidium of the Federal Chamber, as this corresponds to this relationship. "

35. § 117 (1), second sentence, reads as follows:

" The appointment shall be based on a balanced regional representation and on the relationship between the groups of voters in the primary elections in the area of all the national chambers, taking into account the total number of members responsible for the occupation of the divisions ' representatives. Federal Chamber of Decisive Financial Statements to take account of mandates. "

36. § 117 (5) reads:

" (5) § 98 and § 99 (3) to (6) shall apply mutatily. The election shall be led by a member or substitute member of the main electoral commission. "

37. In Section 118 (3), the second sentence shall be replaced by the following sentences:

§ 117 (3) and the provisions of Section 99 (3) to (6) shall apply mutatily for the election of the regional office of the regional authorities. The election shall be led by the President or by the function or staff of the Chamber of Commerce entrusted with it. "

38. § 119 reads as follows:

" § 119. (1) Insofar as the ballot box (presentation) of the election, the results of the elections (occupations), electoral lists and election and occupation proposals are arranged in this federal law, this has to be determined in accordance with the following provisions: ,

(2) Delegation decisions pursuant to Section 81 (6) are to be levied by attack at the office of the respective main electoral commission.

(3) All the agreements to be made in connection with the election of committees of professional groups, such as in particular the names of the members, chairmen and their substitutes, of committees of professional groups shall be carried out by means of an attack on the Office of the respective specialist organization.

(4) All other provisions of the law provided for in this Act, such as, in particular, those of the election manifestation, the election proposals, the election results and the names of the members of collegiate organs and of the members of the individual organs selected persons, including the results of after-elections and subsequent appointments pursuant to § 115, shall be carried out on the Internet. The expiry of the day of the activation on the Internet will trigger the course of the period in accordance with § 98 (1).

(5) The electoral system shall be subject to more detailed rules on the provision of information on the Internet.

(6) The all-due imprint of the relevant voyages in the newspaper of a national chamber shall have no influence on the course of the respective time limits. "

(39) Article V is added to the following Article VI, together with the heading:

" Article VI

Entry into force and transitional provision

§ 1. (1) The Federal Law BGBl. I No 3/2012 shall enter into force, unless otherwise specified in the following, with the expiry of the day of its customer's presence.

§ 2. (1) § 119 shall enter into force on 1.1.2014.

(2) Provisions for the implementation of § 119 may already be enacted from the day following the act of the law; they shall enter into force at the earliest with the date referred to in paragraph 1. "

Fischer

Faymann