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Military Law Amendment Act 2009 - Wräg 2009

Original Language Title: Wehrrechtsänderungsgesetz 2009 - WRÄG 2009

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85. Federal Law, with which the Wehrgesetz 2001, the Army disciplinary law 2002, the Army Fee Act 2001, the International Application Act 2001, the Military Powers Act, the Law on the Law of the State in 2002, the Munitionslagergesetz 2003, the Military Designation Act 2002 and the Law of the Military Residence Act (Wehrrechtschangegesetz 2009-WRÄG 2009)

The National Council has decided:

Article 1

Amendment of the Wehrgesetz 2001

The Wehrgesetz 2001, BGBl. I n ° 146, as last amended by the Federal Law BGBl. I No 17/2008 and BGBl. I n ° 3/2009, shall be amended as follows:

1. In the table of contents the title is to § 4:

" § 4. Parliamentary Bundesheerkommission "

1a. In the table of contents, the name of the 1. Section of the 2nd main piece with headline:

" 1. Section

General provisions "

2. In the table of contents are the title of the second section of the 2nd main piece together with the headline and the heading to § 15:

" 2. Section

Creation Commissions

§ 15. Organization "

3. In the table of contents, the heading to § 16 is given by the word "no" replaced.

4. In the table of contents the title is to § 17:

" § 17. Tasks "

5. In the table of contents, following the heading to § 18, the following paragraph titles, including the heading, are inserted:

" § 18a. Detailed provisions

§ 18b. Reposition and re-position "

6. In the table of contents, the following paragraph title and title shall be inserted after the title to section 55:

§ 55a. Use of data "

§ 1 and 4, § 7 (1) and 4, § 11 (5), § 13 (1), § 24 (1), 3 and 4, § 26 (1), § 28 (1) and (2), § 29, § 32a (1) and (3), § 38a (5), § 44 (6) and (8), § 45 (3), § 55 (3). 1, section 64 (1) and (2), and § 66, the name shall be: "Federal Minister for National Defence" in the respective grammatical form by the name "Federal Minister for National Defence and Sport" in the correct grammatical form in each case.

8. In § 1 (6) and § 61 (15), the name shall be: "Federal Ministry of Defence" in each case by the name "Federal Ministry of Defence and Sport" replaced.

9. In § 2, the following subsection 4a is inserted in accordance with paragraph 4:

" (4a) The use according to para. 1 lit. a serves the immediate preservation of the independence to the outside as well as the inviolability and unity of the federal territory by military means. In the event of such an operation, the area of use shall be determined to the extent necessary to meet the requirements of the military, to the extent necessary, as the space in which the troops deployed have to carry out operational tasks. The Federal Minister for National Defence and Sport shall be responsible for this definition or the amendment or cancellation of an operational area within the empowerment granted to him by the Federal Government. In the case of a military attack on the territory of the Federal Republic of Germany, that area is considered to be an area of application that is affected by fighting. "

9a. The title to § 4 reads:

"Parliamentary Federal Commission"

9b. (constitutional provision) Section 4 (1), first sentence reads:

" (constitutional provision) A Parliamentary Federal Commission for Appeal (Parliamentary Federal Commission) is set up with the Federal Minister for National Defence. "

9c. (constitutional provision) In Article 4 (1), (7) and (9), the term "Parliamentary Bundesheer-complaints Commission" in the respective grammatical form by the name "Parliamentary Federal Commission" in the correct grammatical form in each case.

9d. In § 4 (2) to (4), (6), (8) and (10) the name shall be "Parliamentary Bundesheer-complaints Commission" in the respective grammatical form by the name "Parliamentary Federal Commission" in the correct grammatical form in each case.

9e. (constitutional provision) Section 4 (5) reads as follows:

" (5) (constitutional provision) The Parliamentary Federal Commission shall draw up an annual report by 1 March on its activities and recommendations in the past year. This report is to be submitted to the National Council immediately by the Federal Minister for National Defence, together with an opinion on the recommendations of the Parliamentary Bundesheerkommission. The chairmen of the Parliamentary Federal Commission have the right to participate in the negotiations on these reports in the committees of the National Council and to be heard at their request each time. More closely, the Federal Act on the Rules of Procedure of the National Council determines. "

10. The name of the 1. Section of the 2nd main piece together with headline reads:

" 1. Section

General provisions "

11. The title of the second section of the second main piece, together with the headline and § 15 with headline, are:

" 2. Section

Creation Commissions

Organization

§ 15. (1) In order to determine the necessary physical and mental aptitude of the conscripts, the military authorities shall serve as the competent authority for the military service (position) of the Stellungskommission (position commission). This has the General Administrative Procedure Act 1991 (AVG), BGBl, on the basis of proceedings under this Federal Act. No 51. The Federal Minister for National Defence and Sport has to determine, by means of a regulation according to the military requirements, taking into account the local conditions and population density,

1.

in which supplementary areas are to be set up by position commissions, and

2.

Which Stellungscommissions the military commanders have to use for their complementary or parts of this area.

(2) The Stellungskommission shall consist of:

1.

an officer as chairman and

2.

a doctor and a member of staff with a completed university degree in psychology as other members.

The members must be appointed by the military commander whose area of responsibility is the position of the Commission. The members of the Stellungskommission must have a corresponding service experience in the area of responsibility of the Federal Ministry of Defence and Sport.

(3) For each member of the Stellungskommission a substitute member must be ordered to enter the position commission in the event of the prevention of the member's position. The substitute member shall comply with the conditions laid down for its use as a member of the Stellungskommission. "

12. § 16 together with the title shall be deleted.

13. § 17 together with the title is:

" Tasks

§ 17. (1) The position commissions shall be responsible for determining the suitability of the persons who submit themselves to the position of the military service. In this regard, the position commissions also receive requests from the persons mentioned regarding the allocation to arms and troop genres and to troop bodies, as well as surveys on the training and special expertise of these persons. To hire people.

(2) The position commissions shall determine the suitability of the persons referred to in paragraph 1 of the military service on the basis of the medical and psychological examinations with one of the following decisions: "Tauglich" or "temporarily unfit"; or "Unfit". The decisions of the Stellungskommission shall require the presence of all members and the majority of votes. In any case, a decision of "Tauglich" shall require the consent of the physician. If a medical examination appears to be necessary for the determination of suitability, the persons referred to in paragraph 1 shall be supplied by the position commissions for such an investigation. No ordinary legal remedy is admissible against the decisions of the Stellungskommission. "

14. § 18 (1) reads:

" (1) Conscripts are obliged, unless expressly stated otherwise, to submit their comments to the position commission on the basis of a general or special request from the military command. In the invitation, the date of the beginning, the duration and the place of the position shall be announced. The total duration of the position shall not exceed four days, including the time necessary for the journey to and from the return journey. Information which is used to prepare the position can be obtained from the person liable to make the right to the right before the start of the meeting. "

15. In § 18, the following (1a) and (1b) are inserted:

" (1a) The duty requirement shall include:

1.

the compliance with the invitation to the position referred to in paragraph 1,

2.

the participation in the medical and psychological examinations necessary for the determination of the suitability of the military service,

3.

the issuing of the information necessary for the implementation of the procedure and the presentation of the documents requested for that purpose; and

4.

the use of the accommodation allocated to the special order of the Commission for the purposes of military action.

(1b) In the case of persons who:

1.

have a permanent severe physical or mental disability, or

2.

have been subjected to a military medical examination outside the site of the procedure,

may be removed from personal appearance before the Stellungskommission on the basis of an official medical certificate of their state of health. In these cases, the Commission of Stellungskommission may take the decision pursuant to Section 17 (2) solely on the basis of this official medical certificate. "

16. § 18 (4) to (9) are deleted.

17. According to § 18, the following § § 18a and 18b, in each case together with the heading, are inserted:

" Further provisions

§ 18a. (1) For the first time in the calendar year, the conscripts are to be used for the first time in the calendar year in which the conscripts are to be placed in the 18. Full year of life. Defensive persons who

1.

not yet belong to the birth year of the year of birth or

2.

shall be exempted from the duty to provide,

may voluntarily submit their comments. These conscripts are to be admitted to the position by the military command, provided that military interests do not conflict.

(2) Individuals and persons according to paragraph 1 (1) (1) and (2) shall have to face the position of the commission responsible for their main residence. The military command has to assign these persons to a different position commission, provided that the adjustment process is substantially simplified or accelerated by such an assignment or if these persons have applied for the assignment and the latter Do not stand up to military requirements.

(3) Persons who are subject to the position shall be required, during the course of the procedure, to provide the necessary instructions for the conduct of the position and maintenance of the peace and order in the military accommodation of the To implement the position and to comply with specially designated members of the Federal Army and the Army Administration.

Reposition and re-position

§ 18b. (1) Conscripts who do not comply with their duty obligation despite being requested to do so must be assigned by the military command to a realignment. In any event, if there is reasonable suspicion that they may be thwarted by a criminal act or omission, they may, in any event, be brought forward to the position of the person concerned.

(2) Conscripts whose temporary incompatibility has been established shall, after the expiry of the period laid down by the Commission for the probable duration of their temporary incompatibility, be required by the Military Command to to submit a new position to the date specified in the request. This applies with regard to conscripts pursuant to § 18a (1) (2) (2) only in the case of a new voluntary notification of the position.

(3) If the Stellungskommission has already detected three times the temporary incompatibility with a conscription, the military command may, from particularly considerate interests, be subject to further calls to a new position of If there are no military backviews, take a look at it.

(4) Conscripts whose suitability for military service has been determined by the Stellungskommission are to be assigned by the Military Command at their request to a new position if there is evidence that a change in suitability is to be expected is. If such evidence is otherwise known to the Military Command other than by a request, that authority shall, in accordance with military interests, subject the conscription to a new position. The application must be submitted to the Military Command in writing. An application is not allowed from the beginning of the day

1.

the appointment of the appeal command; or

2.

the proclamation of the general notice of a convocation to the attendance service

until dismissal from this presence service. If the dismissal from this service is provisionally postponed, an application shall not be allowed until the end of the instigation service. In all cases of a new position, the final aptitude test shall remain in place until the final date of the final decision has been passed. "

17a. In § 21 (3), the name shall be: "Parliamentary Bundesheer-Appeal Commission" by the name "Parliamentary Bundesheerkommission" replaced.

18. In § 26 (3), the Z 1 and 2 are:

" 1.

they have not been convened for a period of time within one year of their respective preaccession to the basic service, and they shall not be convened by an interruption of a school or university education which has already begun, or other professional preparation, would suffer a significant disadvantage, or

2.

they started a further training before the legally effective convocation to the basic military service and an interruption of this training would mean an extraordinary hardship. "

19. In § 38 (2), the word "explicit" by the word "written" replaced.

20. In § 38a (2), the Z 2 reads:

" 2.

at the end of the year, in which they are the 65. Full year of life, provided that they are officers or sub-officers or special forces for a function considered in the operational organisation, in particular in the fields of technology, the medical system, the pastoral service and the Foreign languages are. "

21. The following paragraph 9 is added to § 41:

"(9) Soldiers and their close relatives may be provided with the necessary assistance in extra-service matters, in particular in the event of difficulties in the social field, in accordance with military requirements."

22. In § 49 (2), the citation "§ 18 (6)" through the citation "§ 18a (3)" replaced.

23. § 55 (3) deleted.

24. According to § 55, the following § 55a and heading is inserted:

" Use of data

§ 55a. (1) The individual results of the investigations to determine the suitability of the persons according to § 17, para. 1 to the military service may, unless otherwise determined by law, only be passed on

1.

with the written consent of the investigative to other institutions or persons outside the full-education area of the Federal Minister for National Defence and Sport for the purpose of health care of the investigative and

2.

at the request of the examiner.

The results of the examination given in accordance with Z 1 may only be used for the stated purposes. These provisions shall also apply to all the results of medical and psychological examinations to which conscripts are subjected during the presence of the service by or on the initiative of a military service.

(2) The social security number shall be used as the matriculation number in accordance with the provisions of international humanitarian law. "

25. § 56 reads:

" § 56. A

1.

Disposal of the Bundesheeres pursuant to § 2 para. 1 lit. (a) and a disposition to terminate such an operation, including the establishment or modification or cancellation of an operational area;

2.

General notice of a convocation to the attendance service,

3.

Availability of an application for use,

4.

Use of an education for extraordinary exercises,

5.

general notice of dismissal from the attendance service;

6.

A preliminary injunction of the dismissal from the attendance service,

7.

general publication of a provision for the provision of clothing and equipment; and

8.

general invitation to comment

shall be made available in a suitable manner, in accordance with the respective military interests, in particular by broadcasting or other acoustic or optical means or by the Official Journal to the Vienna newspaper. The dispositions and general notices shall enter into force with the manifestation, unless expressly stated otherwise in the provisions of this Regulation. "

26. In § 60, the following paragraph (2g) is inserted:

" (2g) The table of contents, § 1 para. 3 and 6, § 2 para. 4a and 5, § 3, § 4 para. 2 to 4, 6, 8 and 10, § 5, § 6 para. 1 and 4, § 7 para. 1 and 4, § 11 para. 5, § 13 para. 1, the designation of the 1. and second section of the second main piece, in each case together with the title, § § 15 and 17, in each case with the title, § 18 para. 1, 1a and 1b, § § 18a and 18b, in each case together with the title, § 24 para. 1, 3 and 4, § 26 para. 1 and 3, § 28 para. 1 and 2, § 29, § 32a Paragraph 1 and 3, § 38 (2), § 38a (2) and (5), § 41 (9), § 44 (6) and (8), § 45 (3), § 49 (2), § 55 (1), § 55a and its title, § 56, § 61 (2), 3 and 33 to 36, § 64 (1) and (2), and § 66, as amended by the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

26a. (constitutional provision) In § 60, the following subsection 2h is inserted after the following paragraph:

" (2h) (constitutional provision) § 4 para. 1, 5, 7 and 9 in the version of the Federal Law BGBl. I No 85/2009 shall enter into force on 1 September 2009. '

27. The following paragraph 9 is added to § 60:

"(9) With the expiry of 31 August 2009, Section 16, including the title, Section 18 (4) to (9), Section 55 (3) and Section 61 (21) and (28) to (31) shall not apply."

28. In § 61 (2), after the citation " BGBl. No 272/1971 and 89/1974 ' the phrase "as well as periods of troop exercises performed pursuant to section 20 (2) and cader exercises pursuant to section 21 (1) of the version in force until the end of 31 December 2007" inserted.

29. In § 61 paragraph 3 Z 2, in lit. b of the following by the word "or" replaced and after lit. b the following lit. c inserted:

" (c)

have provided a training service over a period of more than six months, "

30. § 61 (21) and (28) to (31) are deleted.

31. The following paragraphs 33 to 36 are added to § 61:

" (33) § 61 (3) (2) shall not apply to conscripts who have made a training service in the period of more than six months before 1 September 2009 in the version in force as from 1 September 2009.

(34) As far as the term "Federal Minister for National Defense" is used in the respective grammatical form in federal laws and regulations based thereon, the term " Federal Minister for National Defense and Defence Sport " in the correct grammatical form in each case.

(35) As far as the term "Federal Ministry for National Defense" is used in the respective grammatical form in federal laws and regulations based thereon, the term "Federal Ministry for Defence of the State" shall be designated as "Federal Ministry for Defence of the State". and sport " in the correct grammatical form in each case.

(36) To the extent that the term "Complaints Commission In Military Matters" or "Parliamentary Bundesheer Complaints Commission" is used in the respective grammatical form in federal laws and in the regulations based on them, the following shall be used: is to be understood as meaning the term "Parliamentary State Commission for Appeal" or "Parliamentary Bundesheerkommission" in the correct grammatical form in each case. "

Article 2

Amendment of the Military disciplinary law 2002

The Army disciplinary law of 2002, BGBl. I n ° 167, as last amended by the Federal Laws BGBl. I No 17/2008 and 3/2009, amended as follows:

1 and 4, § 16 (2) and (3), § 17 (2), § 18 (1), § 19 (1) and (2), § 20 (1), § 34 (2), § 42, § 43 (3), § 55 (1), § 66 (1) to (3), § 70, § 82 (1), (4) and (6) to (8), § 84 (1) and (7), as well as § 94. Label "Federal Minister for National Defence" in the respective grammatical form by the name "Federal Minister for National Defence and Sport" in the correct grammatical form in each case.

2. In § 12 (1), § 13 (1), § 15 (1), § 16 (3) and § 20 (2), the designation shall be: Federal Ministry of Defense in the respective grammatical form by the name Federal Ministry of Defense and Sport in the correct grammatical form in each case.

3. § 15 is added in accordance with Section 3 of the following paragraph 4:

"(4) The Federal Minister for National Defense and Sport is entitled to inform himself of all the objects of the management of the commissions in the disciplinary proceedings."

3a. In § 23 are the Z 1 and 2:

" 1.

in the commander and in the Commission procedure

§ 6

(exercise of competence),

Section 7 (1) Z 1, 2 and 4 as well as (2)

(partiality of administrative bodies),

§ 9

(right and ability to act),

Section 10 (2) to (4) and (6) and § 11

(representatives),

§ 13

(attachment),

§ 13a

(legal instruction),

Section 14 (1) to (4) and § 15

(Niederschriften),

§ 16

(file endorsements),

Section 17, para. 1, 3 and 4

(file inspection),

Section 18 (1) and (3) and (4) with the exception of the second sentence

(Experience),

§ § 19 and 20

(loadings),

§ § 21 and 22

(deliveries),

§ § 32 and 33

(Time limits),

Section 34

(Disciplinary penalties),

§ 35

(Mutwillenspenalties),

§ 36

(dedication and enforcement of orders of order and mutwills; appeals),

§ 36a

(relatives),

§ § 37 to 39

(General principles of the investigative procedure),

Section 39a

(interpreters and translators),

§ § 40, 41 and 42 (3)

(Oral Proceedings),

§ § 45 and 46

(General principles on proof),

§ 47

(documents),

§ § 48 to 50

(witnesses),

§ § 52 and 53

(experts),

§ 54

(eye view),

§ 55

(meditable evidence and surveys),

§ 56

(release of sheids),

§ § 58 to 61, § 61a and § 62 (4)

(the content and form of the text),

Section 63 (2) to (4), § 64 (1) and § 65

(appeal),

Section 68 (1), 4, 5 and 7

(amendment and remediation of official duties),

§ § 69 and 70

(resumption of proceedings),

§ § 71 and 72

(reinstatation to the previous stand),

Section 73

(Decision-making duty),

§ 78a with the exception of Z 3

(exemption from federal administrative charges),

§ 80a

(linguistic equality) and

2.

in the Commission procedure,

Section 7 (1) Z 3

(partiality of administrative bodies). "

(4) In § 82, the following paragraph 3a is inserted:

"(3a) The Federal Minister for National Defense and Sport is entitled to inform himself of all the objects of the management of the mission criminal cases."

(5) In § 92, the following paragraph (6b) is inserted:

" (6b) § 12 para. 1, § 13 para. 1 and 4, § 15 para. 1 and 4, § 16 para. 2 and 3, § 17 para. 2, § 18 para. 1, § 19 para. 1 and 2, § 20 para. 1 and 2, § 23, § 34 para. 2, § 42, § 43 para. 3, § 55 para. 1, § 66 para. 1 to 3, § 70, § 82 para. 1, 3a, 4 and 6 to 8, § 84 Paragraphs 1 and 7 as well as § 94, in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

(6) The following paragraph 8 is added to § 92:

"(8) With the expiry of 31 August 2009, Section 93 (3) shall expire."

7. § 93 (3) deleted.

Article 3

Amendment of the Army Fee Act 2001

The Army Fee Act 2001, BGBl. I n ° 31, as last amended by the Federal Laws BGBl. I No 17/2008 and 3/2009, amended as follows:

1. In § 3 (2), after the word "Reference Rate" the parenthesis expression "(month of application monatsmoney)" inserted.

2. In § 4, § 4a, § 12 (4), § 14 (1), § 21 (3), § 51 (1) and § 62, the name shall be "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

3. § 8 (1) reads:

" (1) Eligible persons who provide the basic service or the military service as a time-soldier or the training service, unless § 7 (1) (1) (1) on the fare compensation is to be applied, the free use of the service is due to Mass transport for journeys between the main residence and the place of military service. This shall only apply if this distance is more than two kilometres. "

4. In § 16 (2) and § 18 (6), the name shall be: "Federal Ministry of Defence" in each case by the name "Federal Ministry of Defence and Sport" replaced.

Section 45 (2) reads as follows:

"(2) § 6 para. 2 on the remuneration of the application shall also apply to time soldiers as referred to in paragraph 1."

6. In § 55 (3), the phrase in the second sentence shall be: "can be taken away by the Federal Minister for National Defense" through the phrase "may be removed in whole or in part" replaced.

7. In § 56 (1), the phrase in the first sentence shall be the following: "the Federal Minister for National Defense" by the words "the manpower of the army" replaced.

8. In § 60, the following paragraph 2j shall be inserted after paragraph 2i:

" (2j) § 3 para. 2, § 4, § 4a, § 8 para. 1, § 12 para. 4, § 14 para. 1, § 16 para. 2, § 18 para. 6, § 21 para. 3, § 45 paragraph 2, § 51 para. 1, § 55 paragraph 3, § 56 para. 1 and § 62, in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

9. In § 60, the following paragraph 4e is inserted after paragraph 4d:

"(4e) With the expiry of 31 August 2009, Section 61 (14) and (15) shall expire."

10. § 61 (14) and (15) deleted.

Article 4

Amendment of the Foreign Application Act 2001

The International Application Act 2001, BGBl. I n ° 55, as last amended by the Federal Laws BGBl. I n ° 18/2008 and 3/2009, the following amendments are hereby amended:

1. In § 4 (3), § 5 (1), § 7 (1) and § 13, the name shall be: "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

2. In § 11, the following subsection 2g is inserted after paragraph 2f:

" (2g) § 4 para. 3, § 5 para. 1, § 7 para. 1 as well as § 13, in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

(3) In § 11, the following paragraph (4b) is inserted:

"(4b) Section 12 (7) shall expire at the end of 31 August 2009."

Section 12 (7) is deleted.

Article 5

Amendment of the Military Authorisation Act

The Military Powers Act, BGBl. I No 86/2000, as last amended by the Federal Law of the Federal Republic of Germany (BGBl) I n ° 18/2008 and 3/2009, the following amendments are hereby amended:

1. In § 1 (2), § 9 (1), § 10 (1), § 22a (1) and (2), § 24 (1), § 25 (3) and 6, § 31 (2), § 33 (3), § 48 (2) and (3), § 54 (6), § 56, § 57 (1) to (3) and (5), and § 63, the term " "Federal Minister for National Defence" in the respective grammatical form by the name "Federal Minister for National Defence and Sport" in the correct grammatical form in each case.

2. § 1 para. 10 deleted.

2a. (constitutional provision) Section 22 (8) of the " 3 to 7 " in each case by the expression " 3 to 5 and 7 " replaced.

(3) In § 22a (1), after the word "Federal Administration" the words "or by law bodies and institutions of public law established by law" inserted.

4. § 25 (1) reads:

" (1) Military bodies and departments responsible for intelligence or defence purposes may submit data

1.

other military services, in so far as this is intended to safeguard an important public interest,

2.

national authorities, insofar as this constitutes an essential condition for the consignee to carry out a task assigned to him by law and the transmission of the protection of an important public interest is served,

3.

the Austrian representative authorities abroad in matters of military defence, in so far as this serves to safeguard an important public interest; and

4.

foreign public services or international organisations or other intergovernmental bodies, to the extent that:

a)

is based on an obligation under international law, or

b)

is an essential prerequisite for the performance of tasks of intelligence intelligence or defence. "

5. In § 25 (2), in Z 3 the final point is given by the word "or" replaced and the following Z 4 shall be added:

" 4.

this is being violated by an obligation under international law. "

6. In § 25 (2) to (6), the citation shall be " 1 Z 3 " in each case by the citation " 1 Z 4 " replaced.

7. In § 25 (6), the words "by the end of March" by the words "until the end of January" replaced.

8. The following paragraph 4 is added to § 26:

"(4) In the framework of military airspace surveillance, data may be processed exclusively in the exercise of the powers conferred on it to carry out the underlying tasks."

8a. In § 54 (2), the name shall be: "Parliamentary Bundesheer-Appeal Commission" by the name "Parliamentary Bundesheerkommission" replaced.

9. In § 61, the following paragraph 1g is inserted after paragraph 1 g:

" (1h) § 1 para. 2, § 9 para. 1, § 10 para. 1, § 22a para. 1 and 2, § 24 para. 1, § 25 para. 1 to 6, § 26 para. 4, § 31 para. 2, § 33 para. 3, § 48 para. 2 and 3, § 54 para. 2 and 6, § 56, § 57 para. 1 to 3 and 5 as well as § 63, each in the version of the Federal Act BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

9a. (constitutional provision) In section 61, the following paragraph 1h is inserted after paragraph 1 h:

" (1i) (constitutional provision) Section 22 (8) in the version of the Federal Law BGBl. I No 85/2009 shall enter into force on 1 September 2009. '

10. In § 61, the following paragraph (3c) is inserted after paragraph (b):

"(3c) § § 1 (10) and (62) (3a) shall expire at the end of 31 August 2009."

11. § 62 (3a).

Article 6

Amendment of the Law on the Restricted Territory 2002

The Law on the Law of the State in 2002, BGBl. I n ° 38, as last amended by the Federal Laws BGBl. I n ° 99/2006 and 3/2009, is hereby amended as follows:

1. In § 1 (3), § 3 (5) and § 9, the name shall be "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

2. In § 2 (2) and (3), the name shall be: Federal Ministry of Defense in the respective grammatical form by the name Federal Ministry of Defense and Sport in the correct grammatical form in each case.

(3) The following paragraph 4 is added to § 7:

" (4) § 1 para. 3, § 2 para. 2 and 3, § 3 para. 5 as well as § 9, in each case in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

Article 7

Amendment of the munitions warehouse law 2003

The Munitions Warehouse Act 2003, BGBl. I n ° 9, as last amended by the Federal Laws of BGBl. I No 116/2006 and 3/2009, shall be amended as follows:

1. In § 2 (2), § 3 (1), § 4 (3), § 6 (1) and (4), § 7, § 14 (1), § 16 and § 20, the term " "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

2. In § 6 (2) and (3), the name shall be: Federal Ministry of Defense in the respective grammatical form by the name Federal Ministry of Defense and Sport in the correct grammatical form in each case.

(3) The following paragraph 4 is added to § 18:

" (4) § 2 para. 2, § 3 para. 1, § 4 para. 3, § 6 para. 1 to 4, § 7, § 14 para. 1, § 16 and § 20, in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

Article 8

Amendment of the Military Labelling Act 2002

The Military Designation Act 2002, BGBl. I n ° 168, as last amended by the Federal Laws BGBl. I No 17/2008 and 3/2009, amended as follows:

1. In § 2, § 6, § 8b, § 8c para. 3, § 9 para. 4 and 5, § 14b as well as in § 19, the designation shall be: "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

(2) In § 14a (1), after the word "People" the words "outside of the presence" inserted.

3. In § 18, the following subsection (4c) is inserted:

" (4c) § 2, § 6, § 8b, § 8c paragraph 3, § 9 para. 4 and 5, § 14a para. 1, § 14b and § 19, in the version of the Federal Law BGBl. I No 85/2009 will enter into force on 1 September 2009. '

Article 9

Amendment of the Tops Residence Act

The Troop Residence Act, BGBl. I n ° 57/2001, as last amended by the Federal Laws BGBl. I No 6/2007 and 3/2009, amended as follows:

1. In § 2 (1), the words shall be: "Federal Minister for Foreign Affairs" by the words "Federal Minister for European and International Affairs" and the words "Federal Minister for National Defence" by the words "Federal Minister for National Defence and Sport" replaced.

2. In § 2 (6) and § 4, the name shall be: "Federal Minister for National Defence" in each case by the name "Federal Minister for National Defence and Sport" replaced.

3. In § 7, the previous text receives the sales designation "(1)" and shall be added to the following paragraph 2:

" (2) § 2 para. 1 and 6, § 4 as well as § 8, in the version of the Federal Law BGBl. I n ° 85/2009, enter into force on 1 September 2009. '

4. In § 8, the words "Federal Minister for Foreign Affairs" by the words "Federal Minister for European and International Affairs" and the words "Federal Minister for National Defence" by the words "Federal Minister for National Defence and Sport" replaced.

Fischer

Faymann