126. Federal Law, which amalgamates the gambling law

The National Council has decided:

Amendment of the Gambling Act

The gambling law, BGBl. N ° 620/1989, as last amended by the Federal Law BGBl. I n ° 145/2006, is amended as follows:

(1) § 25 is amended as follows:

(a) para. 1 reads:

" (1) The visit of the casino is only permitted for persons of full age who have demonstrated their identity by presenting an official photo ID, which corresponds to the requirements of Section 40 (1) of the Federal Elections Act. The concessionaire shall retain the identity of the visitor and the data of the official identity card with which this identity has been established and shall keep such records for at least five years. Persons in uniform shall have access only in the performance of their service or with the consent of the Board of the Game Bank. "

(aa) (3) reads:

" (3) In the case of a citizen of a Member State of the European Union or of a State of the European Economic Area, it is reasonable to believe that the frequency and intensity of his participation in the game for the period in which he or she is involved in the game shall be this intensity and frequency, which endanger the subsisting subsists, the game bank has to proceed as follows:

1.		It is necessary to obtain information from an independent entity which imparts credit rating information (independent credit statements).
a)			If this information confirms the reasonable assumption that the continued and unaltered participation in the game endangers the concrete subsisting minimum of this player, the casino has, by means of specially trained employees with the game participant, to conduct a consultation, in which the participant is informed of the dangers of the participation of the game and the potential danger to the minimum existence of the company, and the participants are to be provided with information on advisory services.
b)			If, despite this consultation, the game participant frequently and intensively participates in the game or refuses this consultation, the game bank is obliged to keep the visit of the casino permanently or for a certain period of time. , or to limit the number of visits.
2.		If the collection of independent credit information is not possible or if it is not meaningful, the casino
a)			-through specially trained staff members with the participants a counselling interview, in which the participant is informed of the dangers of the participation and the potential danger to the existence minimum and are the Players to provide information about advisory services.
b)			Following this, the game participant is to be asked whether his income and wealth situation is such that his participation in the game is at risk of his concrete subsisting minimum.
c)			Is confirmed by the consultation and questioning of the player about a possible risk to his/her existence minimum the reasonable assumption that the continued and after frequency and intensity of the participation in the game will be unchanged The Board of Management is obliged to keep the visit of the casino permanently, or if the participant refuses to provide advice or information as to whether there is a risk to the minimum existence of the game, or if the game bank is obliged to visit the casino permanently or to a certain amount of time, or to the number of visits .

There is no obligation to review and investigate the game bank's management beyond the collection of the independent credit statements, the consultation or the questioning of the game participant.

If the Board of Management violates the obligations imposed by Z 1 and 2 and the participant's participation in the game affects his/her concrete subsisting minimum, the Board of the Game Bank shall be liable for the subsisting of the game during the Loss of participation in the game unchanged. The liability of the Board of the Game Bank shall be equal to the difference between the net income of the player following losses after losses and taking into account its liquidated assets on the one hand and the subsistence minimum , on the other hand, the replacement is limited to a specific subsisting level. The subsistent minimum is to be determined in accordance with the rules of the executive order in the current version (general monthly basic amount).

The liability shall be brought to court within six months of the respective loss. The Board of the Game Bank shall not be liable if the participant does not appear to provide incorrect or incomplete information during his/her interview or if only slight negligence can be found in the performance of his/her duties.

This paragraph finally regulates all claims of the game participant against the game bank's management in connection with the validity of the game contract or with losses from the game. "

(b) (6) to (8)

" (6) The concessionaire has to pay particular attention and to record in writing any activity and transaction, the nature of which it considers to be particularly close to the fact that it could be related to money laundering or terrorist financing. If there is a suspicion or legitimate reason for adoption,

1.		that a visitor's transaction in the casino is used to make money laundering, or
2.		that the visitor to the casino belongs to a terrorist organisation in accordance with Section 278b of the German Civil Code (StGB), or that a visitor's transaction in the casino is used to finance terrorism in accordance with Section 278d of the StGB (German Civil Code),
the concessionaire shall immediately inform the Authority (Section 6 of the SPG). In such cases, ongoing transactions may not be carried out until the Authority's decision is taken. Section 41 (1) of the penultimate sentence and (3) to (4) and (7) of the BWG shall apply to the concessionaire in accordance with the obligations applicable to casinos in accordance with Directive 2005 /60/EC.

(7) There is a suspicion or reasonable reason to believe that the visitor of the casino does not act on his own account, so the concessionaire has to ask the visitor to assert the identity of the trustee with the identity of the trustee according to § 40 (2) BWG to prove the necessary resources. If this request has not been complied with or if the proof of identity is insufficient, the visit of the casino shall be refused and the authority (§ 6 SPG) shall be informed.

(8) In the case of a suspected or legitimate reason to believe that a transaction of money laundering or terrorist financing is suspected or justified in order to monitor or supervise the casino, it shall have the authority (§ 6). SPG) should be immediately informed. "

(2) § 25a reads:

" § 25a. In order to prevent and prevent transactions relating to money laundering or terrorist financing, the concessionaire has to apply Section 41 (4) of the Federal Elections Act in accordance with the obligations applicable to casinos pursuant to Directive 2005 /60/EC. The Authority (§ 6 SPG) has the concessionary access to up-to-date information on the methods of money laundering and the financing of terrorism and on indications on which suspicious transactions can be detected. Likewise, it shall ensure that timely feedback regarding the effectiveness of suspicions pursuant to § 25 (6) and (7) and the subsequent measures shall be carried out, insofar as this is practicable. "

(3) In § 51 (2):

" (2) The obligation to respect the confidentiality of the game does not exist.

1.		in proceedings before civil courts and in connection with criminal proceedings in accordance with the StPO;
2.		with respect to abandonment proceedings and parish courts;
3.		to tax and financial penal authorities for the purposes of tax procedures and administrative procedures for administrative administrative procedures;
4.		if the player expressly agrees to the disclosure of the secret;
5.		in cases of § 25 (6) and (7) and
6.		in the cases of § § 19 and 31. "

§ 52 reads:

" § 52. (1) An administrative surrender shall be carried out and shall be punishable by the authority with a fine of up to EUR 22 000;

1.		who organizes, organizes, offers, or makes business accessible to gambling contrary to the provisions of this Federal Act;
2.		Those who do not have the right to play shares of a gambling game or documents covered by this Federal Act, by which such shares are transferred to the property or to the profit reference, be sold or transferred to others;
3.		Those who do not comply with the conditions of approval of an approved gambling service;
4.		who performs a gamble in spite of subsaiance or after withdrawal of the gambling authorization;
5.		those who operate gambling machines or gambling machines that are subject to the gambling monopoly, operate outside a casino (organizer) or make them accessible (holders);
6.		Who promotes or makes possible administrative transgressions according to Z 1, in particular by arranging the participation of the game, the holding of intervention items or the entrepreneurial circuitry of Internet links;
7.		who in a game bench carries out or uses technical aids (e.g. a suitable remote control) which are suitable for providing themselves or others with a game advantage or the course of the game on gambling machines or on to affect gambling machines;
8.		who, as the person responsible for the concessionaire, violates the obligations pursuant to section 25 (6) and (7) or (25a);
9.		Anyone who has not been granted a concession by the Federal Minister of Finance will be able to advertise or apply for the application, unless there is an authorisation from the Federal Minister of Finance pursuant to Section 56 (2) of this Regulation;
10.		Who, as a credit institution, redirects the financial performance of a player to participate in a game of gambling subject to authorisation, for which the Federal Minister for Finance is not authorized, if this is in direct interaction with the Organisers or providers are taking place;
11.		who takes tips directly when carrying out a game.

(2) Items with the aid of which the gambling monopoly has been entered shall be drawn in in accordance with Section 54.

(3) Participation in electronic lotteries, for which no concession by the Federal Minister of Finance has been granted, shall be punishable if the necessary operations are carried out domesically. The violation of this ban will be punishable by a fine of up to 7,500 euros, otherwise with a fine of up to 1,500 euros, in case of deliberate commission.

(4) The limitation period (§ 31 para. 2 VStG 1950) for administrative transgressions pursuant to para. 1 shall be one year. "

5. § 56 together with headline reads:

" Authorised Advertising

§ 56. (1) The concessionaires and authorization holders under this Federal Act have to maintain a responsible standard in their advertising appearences.

Compliance with this responsible scale is to be monitored exclusively by the Federal Minister of Finance in the supervisory path and not accessible to the application of the application in accordance with § § 1 ff UWG. The first sentence of paragraph 1 is not a protection act within the meaning of Section 1311 of the German Civil Code.

(2) Game banks from Member States of the European Union or States of the European Economic Area shall be allowed to visit their foreign nationals, Member States of the European Union or States of the European Economic Area. If the operator of the casino has been granted an authorisation by the Federal Minister of Finance for this purpose, it shall apply in accordance with the principles laid down in paragraph 1. Such authorization shall be granted if the operator of the casino has proved to the Federal Minister of Finance that:

1.		the concession granted for the operation of the casino is equivalent to section 21 and is exercised in the concessionary country which is a Member State of the European Union or a Member State of the European Economic Area; and
2.		the statutory protection provisions of that Member State of the European Union or of the State of the European Economic Area are at least equivalent to that of domestic law.

If the advertising measures do not comply with the requirements laid down in paragraph 1, the operator of the foreign casino may prohibit the advertising by the Federal Minister of Finance. "

6. In § 59, the following paragraph is added as subsection (20):

" (20) The amendments in § 25 (3), § 52 (1) (9) and (10) and (§ 56) respectively in the version of the Federal Law, BGBl. I n ° 126/2008, enter into force 1. Jänner 2009 in force. "

Fischer

Gusenbauer