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Ministry Of Law 2009

Original Language Title: Bundesministeriengesetz-Novelle 2009

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3. Federal Act, with which the Federal Ministries Act 1986 is amended (Federal Ministries Law-Novel 2009)

The National Council has decided:

The federal law on the number, scope of action and the establishment of the federal ministries (Federal Ministries Act 1986-BMG), Federal Law Gazette (BGBl). No. 76/1986, as amended by Federal Law Gazette BGBl. No 78/1987, BGBl. No 287/1987, BGBl. No. 45/1991, BGBl. No. 419/1992, BGBl. N ° 25/1993, BGBl. N ° 256/1993, BGBl. No 550/1994, BGBl. No 1105/1994, BGBl. No. 522/1995, BGBl. No. 820/1995, BGBl. No 201/1996, BGBl. I No 21/1997, BGBl. I No 113/1997, BGBl. I No 10/1999, BGBl. I n ° 16/2000, BGBl. I No 141/2000, BGBl. I No 87/2001, BGBl. I No 87/2002, BGBl. I No 17/2003, BGBl. I No 73/2004, BGBl. I No 118/2004, BGBl. I n ° 151/2004, BGBl. I No 92/2005, BGBl. I n ° 6/2007 and BGBl. I n ° 4/2008, shall be amended as follows:

1. § 1 (1) reads:

" (1) Federal Ministries within the meaning of Art. 77 B-VG are:

1.

the Federal Chancellery,

2.

the Federal Ministry for European and International Affairs,

3.

the Federal Ministry of Labour, Social Affairs and Consumer Protection,

4.

the Federal Ministry of Finance,

5.

the Federal Ministry of Health,

6.

the Federal Ministry of the Interior,

7.

the Federal Ministry of Justice,

8.

the Federal Ministry of Defense and Sport,

9.

the Federal Ministry of Agriculture, Forestry, Environment and Water Management,

10.

the Federal Ministry of Education, Arts and Culture,

11.

the Federal Ministry of Transport, Innovation and Technology,

12.

the Federal Ministry for Economic Affairs, Family and Youth and

13.

the Federal Ministry of Science and Research. "

1a. In accordance with § 3, the following § 3a is inserted:

" § 3a. The Federal Ministers shall ensure in an appropriate manner that the administrative authorities, offices and agencies of the Federal Government, which are subordinated to their Federal Ministries, are structured in such a way that they respect the principles of effectiveness, efficiency and efficiency. and transparency in accordance with Article 51 (8) B-VG. "

1b. According to Article 7 (5), the following paragraph 5a is inserted:

"(5a) In the case of the breakdown of the Federal Ministries pursuant to paragraphs 1 to 5, it should be noted that the principles of impact orientation, efficiency and transparency are to be implemented."

1c. In § 7 (6) the turn-of-the-turn "from bookkeeping," .

(1d) Section 7 (7) is deleted.

1e. In § 8 (1) the expression "§ 3" by "§ 3 (1)" replaced.

2. In Section 7 (10) as well as in Section J Z 5 and Section L Z 21 lit. i part 2 of the Appendix to § 2 shall be the word "State Defense" by the words "National Defense and Sport" replaced.

(3) The following paragraph 20 is added to Article 17b:

" (20) For the entry into force of the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I n ° 3/2009, new summary or inserted provisions, for the expiry of the repeal by the same federal law parts of this Federal Act as well as for the transition to the new legal situation § § 16 and 16a shall apply as well as the following provisions:

1.

Section 1 (1), Section 7 (6) and (10), Section 8 (1), Z 3 and 7 of Part 1 of the Appendix to § 2 and Section A Z 6, Section C (new), the designations of the new Sections D to I, Section D (new) Z 2, the headings of sections E (new) and L, section F (new) Z 1, section H (new), section I (new) Z 7 and 17, section J Z 5, section K Z 13, section L Z 21 lit. i and 34 to 41 as well as section M Z 3 of part 2 of the Appendix to § 2 will enter into force on 1 February 2009. At the same time, Section 7 (7) and Section A Z 17, Section E (new) Z 7 to 13, and the previous section I of Part 2 of the Appendix to § 2 are repeal.

2.

§ 16 Z 6 is in relation to

a)

from the Federal Chancellery to the Federal Ministry of Defense and Sport,

b)

from the Federal Ministry of Health, Family and Youth to the Federal Ministry for Economic Affairs, Family and Youth as well as

c)

who from the Federal Ministry of Economics and Labour to the Federal Ministry of Labour, Social Affairs and Consumer Protection

to be applied to the staff.

3.

§ 3a and Section 7 (5a) shall enter into force with 1. Jänner 2013 in force. However, the measures required by them shall be taken in time to take effect at the latest at the date of that date. '

3a. In Z 3 of the part 1 of the Appendix to § 2, the Ausdruc k "Stellenplanes" by the Ausdruc k "Staff Plan" replaced.

3b. In Z 7 of part 1 of the Appendix to § 2 the phrase "the accounting and cash service" through the phrase "the cash service" replaced.

3c. In section A Z 6 of Part 2 of the Appendix to § 2, the term " "Job Schedule" by the expression "Staff Plan" replaced.

4. Section A Z 17 of Part 2 of the Appendix to § 2 is deleted.

Sections C to H of Part 2 of the Appendix to § 2 shall be given the section names "D." to "I." .

6. The following new Section C is inserted after section B of Part 2 of the Appendix to § 2:

" C. Federal Ministry of Labour, Social Affairs and Consumer Protection

1.

Matters of labour law, insofar as they do not fall within the scope of action of the Federal Ministry of Justice.

These include in particular:

a)

Labour contract law.

These include in particular:

Special regulations on employment contracts for individual groups of employees, such as holidays and bad weather compensation for construction workers;

the affairs of homework and the legal relationships of persons of similar persons;

On the other hand, there are no rules on employment contracts, in which other objects of civil law are the main focus.

b)

Worker protection law.

These include in particular:

Occupational health matters of worker protection;

-matters relating to the protection of apprentices and the protection of home workers;

Labour inspectorates with the exception of the transport labour inspectorate.

c)

Labour and industrial constitutional law.

These include in particular:

Legal representation of workers ' interests;

-matters relating to the establishment of the lighting system;

Affairs of the company's representative office.

d)

Collective redress in the area of labour law.

These include in particular:

The right of collective employment contracts and the fixing of wage rates.

2.

Labour market affairs.

3.

General social policy.

4.

Social security matters, including unemployment insurance, but excluding health insurance and accident insurance.

5.

Affairs of general and special care.

This includes, in particular, matters of maternity and infant care.

6.

Nursing care, as well as disability, supply and social assistance matters.

7.

Coordination in care matters.

8.

General population policy.

9.

Matters of senior policy.

10.

Voluntary policy in agreement with the Federal Ministry for Economic Affairs, Family and Youth.

11.

Matters relating to consumer policy, including consumer protection, insofar as this does not fall within the scope of the Federal Ministry of Justice; coordination of consumer policy.

These include in particular:

Complaints in consumer affairs.

Promotion of consumer advocates, in particular to ensure advice, information and enforcement.

Evaluation of consumer policy, consumer research, consumer education, consumer information.

Matters relating to the protection of dangerous products, in so far as they are not business or competition law matters. "

6a. In Section D (new) Z 2 of Part 2 of the Appendix to § 2, the first sub-list shall be:

" Creation of the Federal Financial Framework-as well as of the Federal Finance Law, including the annexes and the management of the federal budget. "

7. In the heading of Section E (new) of Part 2 of the Appendix to § 2, the words shall be: "Health, Family and Youth" by the word "Health" replaced.

8. Section E (new) Z 7 to 13 of Part 2 of the Appendix to § 2 is deleted.

9. In Section F (new) Z 1, Section I (new) Z 7, Section K Z 13 Main and Sub-facts, as well as Section L (title) of Part 2 of the Appendix to § 2, the words shall be: "Economy and Work" by the words "Economy, Family and Youth" replaced.

10. The heading of Section H (new) of Part 2 of the Appendix to § 2 reads:

" H. Federal Ministry of Defense and Sport "

11. In section H (new) of part 2 of the Appendix to § 2 the TatInventory "Military Affairs" the number designation "1." ; the following Z 2 shall be added to section H (new):

" 2.

matters of sport. "

12. The previous section I of Part 2 of the Appendix to § 2 is deleted.

12a. In Section I (new) Z 7 of Part 2 of the Appendix to § 2, the following sub-facts shall be added:

"Affairs of the replacement procedure in proceedings pursuant to § 31 WRG 1959."

12b. Section I (new) Z 17 of Part 2 of the Appendix to § 2 reads:

" 17.

waste management; old-load remediation.

This includes, in particular, matters relating to the replacement of waste within the meaning of § § 2 and 3 of the Waste Management Act 2002 (AWG 2002), provided that these are not covered by Z 7. "

12c. In Section K Z 13 of Part 2 of the Appendix to § 2, the turn-of-the-turn ", the affairs of the Fund for the Promotion of Scientific Research, these in agreement with the Federal Ministry for Science and Research" .

13. In section L of part 2 of the Appendix to § 2, Z 34 and 35 shall be replaced by the following Z 34 to 41:

" 34.

General affairs of family policy, including the coordination of family policy and promotion of families, and population policy in matters of family and youth.

35.

Affairs of the Family Policy Advisory Board.

36.

Matters related to the promotion of family counselling.

37.

Affairs of the family salesmen's offal.

38.

Family policy matters in the following fields:

a)

Housing;

b)

public charges;

c)

Marriage and childhood law, guardianship, legal and non-administrative law, maintenance rights and resocialization, including the law of probation assistance;

d)

social security, including unemployment insurance, maternity protection, general and special care, and assistance for the disabled;

e)

Popular education.

39.

Affairs of the Youth Welfare as far as civil matters are concerned.

40.

Matters of extracurricular youth education, in so far as these are not extracurricular vocational training.

These include in particular:

General affairs and coordination of youth policy.

Ideals and financial support for institutions and events of extracurricular youth education.

Training and further training of employees of non-school youth education, insofar as they do not take place in schools. "

41.

Voluntary policy in agreement with the Federal Ministry of Labour, Social Affairs and Consumer Protection.

14. In Section M Z 3 of Part 2 of the Appendix to § 2 the turn-of-the-turn "in agreement with the Federal Ministry of Transport, Innovation and Technology".

Fischer

Faymann