Red Cross Law - Rkg

Original Language Title: Rotkreuzgesetz - RKG

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33. Federal law on the recognition of the Austrian Red Cross and the protection of the character of the Red Cross (Red Cross Act – RKG)

The National Council has decided:

Table of contents



§ 1 the Austrian Red Cross section 2 tasks § 3 dissemination of thought of the Red Cross, Youth Red Cross § 4 confidentiality § 5 indicator § 6 special provisions applicable to armed conflicts section 7 jurisdiction § 8 misuse of characters article 9 administrative penalties § 10 procedure § 11 entry into force § 12 enforcement the Austrian Red Cross



1. (1) the recognized national society of the Red Cross on the territory of the Republic of Austria is the Austrian Red Cross. The establishment of other national societies of Red Cross and Red Crescent movement in Austria is not permitted. The Austrian Red Cross, may authorize its branch associations, branch associations and companies involve it or this branch associations, to use the name of the Red Cross.

(2) the Austrian Red Cross is bound as part of the International Red Cross and Red Crescent movement to its principles; applies authorized facilities by him in accordance with paragraph 1.

Tasks



2. (1) the Austrian Red Cross carries out those tasks, arising from the Geneva Convention for the protection of victims of war of 12 August 1949, BGBl. No. 155/1953, the two additional protocols to the Geneva Conventions of 1977, BGBl. No. 527/1982 (hereinafter "Geneva Convention and additional protocols"), the relevant decisions of the International Red Cross and Red Crescent conferences and from the relevant provisions of its Statute.

(2) as a voluntary aid society, the Austrian Red Cross supports the Austrian authorities in the humanitarian field. The conditions for this support and the transfer of tasks to the Austrian Red Cross, including the regulation of expenses borne, be set in agreements between the competent Austrian authorities and the Austrian Red Cross.

(3) the Austrian authorities support the Austrian Red Cross within their organizational and financial means for carrying out the tasks referred to in paragraph 1.

(4) in implementing the missing persons search service, the delivery of Red Cross family news and of family reunification in accordance with the Geneva Conventions and additional protocols, the Austrian Red Cross is authorized to obtain the necessary information and to process the data required to transmit.

Dissemination of the thought of the Red Cross, Youth Red Cross



§ 3. The Austrian Red Cross has also the responsibility to disseminate the ideas of the Red Cross as well as spirit and content of the Geneva Conventions and additional protocols. For the range of academic and extracurricular educational institutions this task within the framework of the Austrian Red is perceived cross of the Austrian Youth Red Cross, which is particularly keen in collaboration with teachers, parents, children and young people to lead young people to humanitarian sentiments and mitmenschlichem behavior.

Secrecy



§ 4 full-time and voluntary staff of the Austrian Red Cross and by him in accordance with § 1 para 1 authorized institutions are obliged to maintain confidentiality of all facts known to them only in fulfillment of international tasks of the Red Cross or Red Crescent movement, whose Offenlegung could directly or indirectly obstruct the implementation of these tasks or restrict or who communicated to them on the basis of a special relationship of trust or became known. The Austrian Red Cross may release these employees to request a court or an administrative authority of this obligation if this is in the interests of Justice or in the other overriding public interest.

Indicator



5. (1) the Red Cross on a white background is the flag of the Austrian Red Cross. The Austrian Red Cross is entitled to use this mark for all of his tasks and to empower these tasks for other individuals and entities to.

(2) the Austrian Red Cross is entitled to use a coat of arms and a seal in the side of the sign of the Austrian Red Cross referred to in paragraph 1 of the Austrian Federal Eagle and the inscription "Austrian Red Cross" appear.

Special provisions applicable to armed conflict



Section 6 (1) in times of armed conflict, to which the Republic of Austria is involved, supports the Austrian Red Cross in accordance with the provisions of the Geneva Conventions and additional protocols in the framework of its possibilities the medical services of the Austrian Federal Army. The use of the sign of protection within the meaning of the Geneva Conventions and additional protocols is allowed only with the permission of the military authorities; the Austrian Red Cross is entitled to make dependent on its support of the medical services of the Austrian Federal Army by the permission of the use of the protective character.

(2) the military authority within the meaning of the Geneva Conventions is the Federal Minister of national defence, as well as the subordinate offices.

Jurisdiction



7. (1) to carry out the provisions of article 18 of para 2-4, 20 para 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, as well as of article 18 and article 23 para. 1 of the additional protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts (Protocol I) competent authorities are the district administrative authorities.

(2) when implementing the provisions of article 18, paragraph 4 of the Geneva Convention on the protection of civilian persons in time of war is to establish the agreement of the district administrative authorities with the military authorities.

Improper use of characters



8. (1) it is prohibited,



a) the sign of the Red Cross on white background, or the words "Red Cross" or "Geneva Cross" in all languages, b) the symbol of the Red Crescent on a white background, the sign of the Red Lion with Sun on a white ground, the words "Red Crescent" or "Red Lion and Sun" in all languages, c) the sign of the additional protocol to the Geneva Conventions of August 12, 1949, concerning the adoption of an additional protection signs (Protocol III) "Red Crystal on a white background" or the words "Red Crystal" in all languages, d) signs and labels, an imitation of characters and labels after lit. a) to c) represent, could create confusion or mistakes or cross improperly indicates a connection with the Austrian Red, or e) other protection inducing internationally recognized flag, badge or signals pursuant to article 38 of Protocol I, as long as no other special legal provisions adopted for their protection are to use contrary to the provisions of the Geneva Conventions and additional protocols as well as flag without authorization of the Austrian Red Cross pursuant to § 5 para 1.

(2) Furthermore, it is forbidden, the coat of arms of the Swiss Confederation, which is a white cross on red background, as well as character, represent an imitation of this coat of arms



(a) as a brand or as part of the brand, b) purpose policy to an immoral, or c) under conditions which are likely to hurt the Swiss national sentiment to use.

(3) under paragraph 1 lit. a words indicated to d and characters may be registered only with the consent of the Austrian Red Cross as a brand. This also applies to characters that include these words and characters only as ingredients. Marks registered after the entry into force of this federal act contrary to this provision are duly justified request to delete. Words registered before the entry into force of this Federal Act as trade marks and signs referred to in paragraph 1 lit. a, b and d, the latter in so far as it is imitation of characters according to lit. a and b is, on duly justified request to delete, if they were registered against the ban on the use of paragraph 1 in the case of words in languages other than German but only if they were not already lawfully used before the entry into force of this federal law.



The deletion knowledge looks back on the beginning of the term of protection.

(4) under par. 1 lit. c-led character or a character that represents an imitation of it, may be used if this use gives the appearance not in times of armed conflict, as if this ensures the protection of the Geneva Conventions and additional protocols, and provided that the rights to use this sign were acquired prior to December 8, 2005.

Administrative penalties




§ 9 (1) who contravenes the provisions of section 8 para 1 and 2, unless there is not a court to ahndender offence, commits an administrative offence and is to be punished by a fine of 360,--euros to 3 €600.

(2) a person who commits the offence referred to in paragraph 1 in a form, which known to use abusive giving objects of a broad public, is to be punished by a fine of 800,--euros to 15 000,--euro.

(3) If an administrative offence committed pursuant to § 8 para 1, the district administrative authority at the expense of the owner has to have the removal of the illegal name. Objects referred to unlawful can be declared forfeited.

(4) at the request of the Austrian Red Cross is to realize its communication concerning the informing of the public of the administrative offence, and its pursuit is required in the administrative Strafbescheid to the publication of the parts of the decision on cost of the Shawshank Redemption. The parts to be published should be in the notification. The provisions of the Media Act, Federal Law Gazette No. 314/1981 as amended by Federal Law Gazette I apply no. 151/2005, concerning the publication of the judgment.

(5) the Austrian Red Cross AVG, comes during the entire administrative procedure have the status in accordance with section 8 Federal Law Gazette No. 51/1991, amended, to.

(6) if the infringement of the provisions of § 8 para 1 and 2 but by a person committed is subject to the military disciplinary law, paragraph 1 shall not apply; about such a person, however, is without prejudice to the criminal liability, disciplinary proceedings in accordance with the provisions of the military disciplinary Act 2002, Federal Law Gazette I no. 167 in the version of Federal Law Gazette I no. 116/2006 perform.

Fee waiver



§ 10.

 Get login information through the search service of the Austrian Red Cross and the opening and use a query permission from the central population register pursuant to section 16a para 5 Registration Act 1991, Federal Law Gazette No. 9/1992, amended, to this purpose, as well as the delivery of family messages are exempt from all fees and federal administration fees.

Entry into force



11. (1) this Federal Act on 1 February 2008 enter into force.

(2) with the entry into force of this federal law, the Federal law of June 27, 1962, on the protection of the sign and the name is number of the Red Cross (Red Cross Protection Act), Federal Law Gazette 196/1962, override.

Enforcement



Section 12 (1) with the enforcement of this Act are, as far as it not is to matters, which are in the execution of country thing,



a) in terms of section 3 of the Federal Minister for education, art and culture, b) in terms of section 4 of the Federal Minister of Justice, c) with regard to articles 6, 7 and 9 para 6 of the Federal Minister of defence, d) with regard to article 8 para 3 of the Federal Minister for transport, innovation and technology, e) in terms of section 10 in the fees and federal administration fees of the Federal Minister of finance, on the administrative charges for the use of the Central Registration register of the Federal Minister of the Interior , f) in the other, the Federal Government charged.

(2) as far as matters are regulated by this federal law, are in the execution of country thing, their execution of each local government responsibility.

Fischer

Gusenbauer