Advanced Search

Amendment Of The Federal Constitution Act, The Court Of Audit Act Of 1948, Of The Constitutional Court Act 1953 And Of The Supreme Administrative Court Act Of 1985

Original Language Title: Änderung des Bundes-Verfassungsgesetzes, des Rechnungshofgesetzes 1948, des Verfassungsgerichtshofgesetzes 1953 und des Verwaltungsgerichtshofgesetzes 1985

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

98. Federal Law, with which the Federal Constitutional Law, the Court of Auditors Act 1948, the Constitutional Court Act 1953 and the Administrative Court Act 1985 will be amended

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Constitutional Law BGBl. I No 57/2010, shall be amended as follows:

1. In Art. 127a (1), (3) and (4), the number shall be: "20 000" by the number "10 000" replaced.

(2) Article 127a (7) and (8) shall be replaced by the following paragraphs 7 to 9:

' (7) The Court of Auditors shall, on the basis of a reasoned request from the Land Government, verify the building of certain municipalities of less than 10 000 inhabitants. (1) and (3) to (6) shall apply mutatily. Only two such requests may be made each year. Such requests shall be admissible only with respect to those municipalities which, in comparison with other municipalities, have a conspicuous development in the case of debt or liabilities.

(8) The Court of Auditors shall, on a decision by the Landtag, review the building of certain municipalities of less than 10 000 inhabitants. The provisions of paragraphs 1 and 3 to 6 shall apply mutatily to the effect that the report of the Court of Auditors shall also be communicated to the Landtag. Only two such applications may be made in each year. Such requests are only permitted with respect to those municipalities which have a conspicuous development in debt or liability in comparison with other municipalities.

(9) The provisions applicable to the review of the congregations of the municipalities shall apply in the appropriate way in the review of the building of the municipal associations. "

3. Art. 127c reads:

" Article 127c. If a country court is set up in a country, the following regulations can be made by the Land Constitution Act:

1.

a provision corresponding to the first sentence of Article 126a, provided that the second sentence of Article 126a also applies in that case;

2.

the provisions of Article 127a (1) to (6) relating to municipalities of less than 10 000 inhabitants;

3.

the provisions of Article 127a (7) and (8) relating to municipalities with a population of at least 10 000;

4.

Article 127a (9) relating to municipal associations, whereby for the purposes of applying Article 127a (1) to (6), the total number of inhabitants of the congregations of the congregation is less than 10 000 and for the purposes of the Application of Article 127a (7) and (8) a total number of residents of the congregations of at least 10 000 are relevant. "

4. In Art. 146 (1), the quote shall be " Art. 127c " by quoting " Art. 127c Z 1 " replaced.

(5) The following paragraph 44 is added to Article 151:

" (44) Art. 127a (1), (3), (4) and (7) to (9), Art. 127c and Art. 146 (1), as amended by the Federal Law BGBl. I n ° 98/2010 come with 1. Jänner 2011 in force. "

Article 2

Amendment of the Court of Auditors Act 1948

The Court of Auditors Act 1948, BGBl. No. 144, as last amended by the Federal Law BGBl. I No 105/2009, shall be amended as follows:

1. The title is:

Federal Law on the Court of Auditors (Court of Auditors Act 1948-RHG)

2. In § 3 paragraph 2 Z 2, the parenthesis shall be "(such as business pieces, correspondences, contracts)" by the parenthesis expression "(such as business pieces, contracts, correspondences)" replaced.

3. In § 3 para. 2 Z 3, the words shall be: "Books, accounting documents" by the words "Accounting books, receipts" and the word "Einsicht" by the word "Einsicht" replaced.

4. In Section 11 (1), the words "compliance with the existing rules and the accuracy" by the words "the conformity with the existing rules and the correct accuracy" replaced.

5. In Section 12 (2), the word "Invoices" by the word "Invoice receipts" replaced.

6. In § 15 (1), the third sentence reads:

" The Court of Auditors shall also be responsible for verifying the undertakings which, by financial or other economic or organisational measures, the country alone or together with other entities subject to the responsibility of the Court of Auditors, Measures actually mastered. "

7. In § 15 (4), first sentence, the words "a Landtag" by the words "the Landtag" replaced.

8. § 17 reads:

" § 17. § 18 shall apply mutatily to the municipal associations. "

9. In § 18 para. 1, first and second sentence, the number shall be: "20 000" by the number "10 000" replaced.

10. In § 18 (1), the third sentence reads:

" The Court of Auditors shall also carry out a review of those undertakings which, by financial or other economic or other economic or economic activity, the municipality alone or jointly with other entities subject to the jurisdiction of the Court of Auditors, is responsible. organizational measures actually dominate. "

11. In § 18 para. 6, second sentence, between the words "and" and "Help" the word "other" inserted.

12. § 19 reads:

" § 19. (1) The Court of Auditors shall, on the basis of a reasoned request from the Land Government, verify the building of certain municipalities of less than 10 000 inhabitants. § 18 (1) to (3) and (6) to (8) shall apply mutatily.

(2) The Court of Auditors shall, by decision of the Landtag, review the building of certain municipalities of less than 10 000 inhabitants. § 18 (1) to (3) and (6) to (8) shall be applied in accordance with the conditions laid down by the Court of Auditors ' report to be communicated to the Landtag. "

(13) The following paragraph 3 is added to § 25:

" (3) In the version of the Federal Law BGBl. I No 98/2010 shall enter into force:

1.

Section 15 (1), third sentence, and section 18 (1), third sentence, with 20. October 2009;

2.

the title, § 3 para. 2 Z 2 and 3, § 11 para. 1, § 12 para. 2, § 15 para. 4 first sentence, § 17, § 18 para. 1 first and second sentence and para. 6 second sentence and § 19 with 1. Jänner 2011. "

Article 3

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953, BGBl. No. 85, as last amended by the Asylum Court Setup Act, BGBl. I n ° 4/2008, shall be amended as follows:

1. In Section 15 (1), the quote shall be: "127c" by quoting "127c Z 1" replaced.

2. In § 22, the words "by attack" .

3. In § 36 and in the heading to section A of the 2nd main item, the quote shall be: " Art. 127c " by quoting " Art. 127c Z 1 " replaced.

(4) The following paragraph 23 is added to § 94:

" (23) § 15 para. 1, § 22, § 36 and the title to section A of the 2nd main piece in the version of the Federal Law BGBl. I n ° 98/2010 come with 1. Jänner 2011 in force. "

Article 4

Amendment of the Administrative Court Act 1985

The Administrative Court Act 1985, BGBl. No. 10, as last amended by the Asylum Court Setup Act, BGBl. I n ° 4/2008, shall be amended as follows:

In § 22 Z 1 the word shall be "own" by the word "own" replaced .

Fischer

Faymann