Federal Law on the Recognition of the Austrian Red Cross and the Protection of the Draw of the Red Cross (Rotkreuzgesetz-RKG)

The National Council has decided:

table of contents

§ 1	The Austrian Red Cross
§ 2	Tasks
§ 3	Dissemination of the Thought of the Red Cross, Jugendrotkreuz
§ 4	Secrecy
§ 5	Flag
§ 6	Special provisions for armed conflicts
§ 7	Responsibility
§ 8	Improper use of the characters
§ 9	Administrative penalties
§ 10	Procedure
§ 11	entry into force
§ 12	Enforcement

The Austrian Red Cross

§ 1. (1) The Austrian Red Cross is the recognised national company of the Red Cross in the territory of the Republic of Austria. The establishment of other national societies of the Red Cross and Red Crescent Movement in Austria is inadmissible. The Austrian Red Cross may authorise its branch clubs, their branches and companies in which it or these branches are involved, to use the name of the Red Cross.

(2) The Austrian Red Cross is bound by its principles as an integral part of the International Red Cross and Red Crescent Movement; this shall also apply to the bodies authorised by it in accordance with paragraph 1.

Tasks

§ 2. (1) The Austrian Red Cross carries out those tasks arising from the Geneva Conventions for the Protection of the Victims of the War of 12 August 1949, BGBl. No 155/1953, the two Additional Protocols to the 1977 Geneva Conventions, BGBl. No 527/1982 (following the 'Geneva Conventions and Additional Protocols'), the relevant decisions of the International Red Cross and Red Crescent Conferences and the relevant provisions of its Statute.

(2) As a voluntary aid company, the Austrian Red Cross is supporting the Austrian authorities in the humanitarian field. The conditions for this assistance and the transfer of tasks to the Austrian Red Cross, including the settlement of the costs, shall be laid down in agreements between the competent Austrian authorities and the Austrian Red Cross. Austrian Red Cross.

(3) The Austrian authorities shall support the Austrian Red Cross in the context of their organisational and financial possibilities in the performance of the tasks referred to in paragraph 1.

(4) The Austrian Red Cross is authorized to carry out the search service, the transmission of red-cross family news and family reunions in accordance with the Geneva Conventions and Additional Protocols, and the necessary To obtain information and to process and transmit the necessary data.

Dissemination of the Thought of the Red Cross, Jugendrotkreuz

§ 3. The Austrian Red Cross also has the task of disseminating the ideas of the Red Cross as well as the spirit and content of the Geneva Conventions and additional protocols. In the field of educational and extracurricular educational institutions, this task is carried out within the framework of the Austrian Red Cross by the Austrian Jugendrotkreuz, which in cooperation with teachers, parents, and Children and young people, in particular, are anxious to bring young people to a humanitarian attitude and to take part in human behaviour.

Secrecy

§ 4. The main professional and voluntary employees of the Austrian Red Cross and the bodies authorized by him pursuant to § 1 (1) are to be secrecy about all of them exclusively in the fulfillment of international tasks of the Red Cross- or Red Crescent movement, the disclosure of which could directly or indirectly impede or restrict the performance of those tasks, or which may be restricted to them by virtue of a special relationship of trust have been notified or disclosed. The Austrian Red Cross may, at the request of a court or administrative authority, release these employees from this obligation of confidentiality if this is in the interests of the administration of justice or in the other overriding public Interest is located.

Flag

§ 5. (1) The licence plate of the Austrian Red Cross is the Red Cross on a white background. The Austrian Red Cross is empowered to use this symbol for all its tasks and to empower other persons and entities in connection with these tasks.

(2) The Austrian Red Cross is entitled to lead a coat of arms and a seal in which, in addition to the sign of the Austrian Red Cross, the Austrian Federal Adler as well as the inscription "Österreichisches Rotes Kreuz" appear.

Special provisions for armed conflicts

§ 6. (1) In the period of armed conflict involving the Republic of Austria, the Austrian Red Cross shall, in accordance with the provisions of the Geneva Conventions and Additional Protocols, support the medical services of the Republic of Austria in accordance with the provisions of the Geneva Conventions and Additional Protocols Austrian federal army. The use of the protection mark within the meaning of the Geneva Conventions and Additional Protocols shall be permitted only with the consent of the Military Authority; the Austrian Red Cross shall be entitled to support the Sanity Services of the Austrian Federal army to make the use of the trademark dependent on the use of the trademark.

(2) The military authority within the meaning of the Geneva Conventions shall be the Federal Minister for National Defence and the departments responsible for it.

Responsibility

§ 7. (1) The provisions of Article 18 (2) to (4), (2) and (3), (21) and (22) (2) of the Geneva Convention for the Protection of Civilian Persons in Time of War, of 12 August 1949 and Article 18 and Article 23 (1) of the Additional Protocol to the Convention on the Protection of Civilian Persons The Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts (Protocol I) are the administrative authorities of the district administration.

(2) In the implementation of the provisions of Article 18 (4) of the Geneva Convention on the Protection of Civilian Persons in Time of War, agreement with the Military Authority shall be established by the district administrative authorities.

Improper use of the characters

§ 8. (1) It is prohibited to:

a)			the sign of the Red Cross on a white ground, or the words "Red Cross" or "Geneva Cross" in all languages,
b)			the sign of the Red Crescent on a white ground, the sign of the Red Lion with red sun on a white ground, the words "Red Crescent" or "Red Lion with a Red Sun" in all languages,
c)			the sign of the Additional Protocol to the Geneva Conventions of 12 August 1949 concerning the adoption of an additional protection symbol (Protocol III) "Red crystal on a white ground" or the words "Red Crystal" in all languages,
d)			Signs and designations, which are an imitation of the signs and designations according to lit. (a) to (c) which could create confusion or error or unjustifiably refer to a connection with the Austrian Red Cross; or
e)			other protection conferring internationally recognised marks, markings or signals in accordance with Article 38 of Protocol I, provided that no other special provisions have been adopted for the protection of such internationally recognised provisions
use, contrary to the provisions of the Geneva Conventions and Additional Protocols, or as a mark, without the authorization of the Austrian Red Cross pursuant to Article 5 (1).

(2) Furthermore, it is forbidden to have the coat of arms of the Swiss Confederation, which is a white cross on a red ground, as well as signs that constitute an imitation of this coat of arms,

a)			as a brand or as a component of brands,
b)			to a purpose contrary to the good morals, or
c)			under conditions that are likely to infringe the Swiss national feeling,
to use.

(3) Die under para. 1 lit. a to d mentioned words and signs may only be registered as a trademark with the consent of the Austrian Red Cross. This also applies to signs that contain these words and signs only as ingredients. After the entry into force of this Federal Act, trademarks registered in violation of this provision must be deleted by means of a duly substantiated request. Words and signs registered as trademarks before the entry into force of this Federal Act as trademarks in accordance with (1) (a), (b) and (d), the latter in so far as it relates to imitation of the signs according to lit. (a) and (b) shall be deleted on a duly substantiated request if they have been registered contrary to the prohibition on the use of paragraph 1, in the case of words in languages other than the German, but only if they are not already before the Entry into force of this federal law was lawfully used.

The deletion recognition ratio is effective at the beginning of the protection period.

(4) The paragraph 1 (1) (1). c) may be used if such use does not appear in periods of armed conflict, as if it were to protect the Geneva Conventions and additional protocols; , and provided that the rights to use these characters have been acquired before 8 December 2005.

Administrative penalties

§ 9. (1) If the provisions of Section 8 (1) and (2) are contrary to the provisions of § 8 (1) and (2), if there is not a court to be punished, an administrative surrender is to be punished and is punishable by a fine of 360, -- Euro to 3 600, -- Euro.

(2) Those who commit the deed in accordance with paragraph 1 in a form by which the use of abusive objects of a general public is known, shall be fined 800, -- Euro to 15 000, -- Euro to punish.

(3) If an administrative surrender is committed in accordance with § 8 para. 1, the district administrative authority shall have at the expense of the owner the disposal of the unlawful designation. Illegal objects may be declared to be expired.

(4) At the request of the Austrian Red Cross, the notice of publication of the parts of the offence at the expense of the convicted person shall be recognized in the administrative criminal notice, the notification of which shall be communicated to the public on the basis of the Administrative transgressing and its prosecution is required. The parts to be published are to be found in the communication. The provisions of the Media Act, BGBl. No. 314/1981 in the version of the Federal Law BGBl. I n ° 151/2005, on the publication of the judgment.

(5) The Austrian Red Cross is party to the entire administrative procedure according to § 8 AVG, BGBl. No 51/1991, as amended.

(6) If the infringement is committed against the provisions of § 8 (1) and (2), however, by a person subject to the law of the law of the law, paragraph 1 shall not apply; however, such a person shall be without prejudice to the criminal law Responsibility, a disciplinary procedure in accordance with the provisions of the Army disciplinary law 2002, BGBl. I n ° 167 in the version of the Federal Law BGBl. I No 116/2006.

Exemption from charges

§ 10. The collection of reporting information by the search service of the Austrian Red Cross and the opening and use of a query authorization from the Central Reporting Register pursuant to § 16a (5) Reporting Act 1991, Federal Law Gazette (BGBl). No 9/1992, as amended, for this purpose and for the transmission of family news are exempt from all fees and federal administrative charges.

entry into force

§ 11. (1) This federal law shall enter into force on 1 February 2008.

(2) With the entry into force of this Federal Act, the Federal Act of 27 June 1962 on the protection of the character and the name of the Red Cross (Red Cross Protection Act), BGBl. No. 196/1962, except for force.

Enforcement

§ 12. (1) With the enforcement of this federal law, insofar as these are not matters which are in the enforcement of the state,

a)			as regards Section 3 of the Federal Ministers for Education, Arts and Culture,
b)			as regards Section 4 of the Federal Minister for Justice,
c)			with regard to § § 6, 7 and 9 (6) of the Federal Minister for National Defence,
d)			with regard to Section 8 (3) of the Federal Minister of Transport, Innovation and Technology,
e)			with regard to § 10 concerning the fees and federal administrative charges of the Federal Minister of Finance, in relation to the administrative charges relating to the use of the Central Register of Melting of the Federal Ministers for Home Affairs,
f)			in the rest of the Federal Government.

(2) As far as matters are governed by this federal law, which are in the state of enforcement, their enforcement shall be the responsibility of the respective locally competent national government.

Fischer

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