25. Federal Law, which enacted a federal law on the establishment of a federal institute for educational research, innovation and development of the Austrian education system and the federal school supervision law is amended (BIFIE-Law 2008)

The National Council has decided:

Article 1

Federal Law on the establishment of a Federal Institute for Education Research, Innovation and Development of the Austrian School System

table of contents

Art. /Paragraph	Object/Label
Part 1 Erection
§ 1.	Establishment and legal status
Part 2 Tasks
§ 2.	Tasks
§ 3.	Special principles for task perception
§ 4.	Use of third parties for the perception of tasks
§ 5.	Contract research and work on behalf of third parties
§ 6.	Cooperation with schools and school administration
§ 7.	data, data protection
Part 3 Organs
§ 8.	Organs of the BIFIE
§ 9.	Executive Board
§ 10.	Representation of the BIFIE
§ 11.	Supervisory Board
§ 12.	Scientific Advisory Council
Part 4 Work planning and reports
§ 13.	Company concept and three-year plan
§ 14.	Ongoing planning and reporting
§ 15.	Other reporting requirements
Part 5 Finance and Gebarung
§ 16.	Financing
§ 17.	Assets
§ 18.	Exemption from charges
§ 19.	Advice and representation through the financial procuration
Part 6 Staff
§ 20.	Staff of the BIFIE
§ 21.	Representation of workers ' interests and workers
§ 22.	Federal Equal Treatment Act
§ 23.	Transfer of staff
Part 7 Government supervision
§ 24.	Supervision
8. Part Transitional and final provisions
§ 25.	Transitional justice
§ 26.	Referral to other legislation
§ 27.	Enforcement
§ 28.	entry into force

Part 1

Erection

Establishment and legal status

§ 1. (1) In order to carry out studies in the field of applied educational research, to monitor the school system, to provide information for educational policy decisions and to monitor and implement educational policy Measures and their evaluation will be established by a Federal Institute for Education Research, Innovation and Development of the Austrian School System (hereinafter the BIFIE).

(2) BIFIE is a legal person under public law for the purpose of fulfilling the tasks referred to in § 2 in the public interest. The BIFIE may give rise to rights and obligations; the Federal Government shall not be held liable for such rights and obligations.

(3) The BIFIE has its seat in Salzburg. Branch offices can be set up.

(4) The BIFIE is not aimed at profit. The fiscal year is the calendar year.

(5) The BIFIE shall be notified immediately by the Management Committee retroactively with the date of entry into force of this Federal Act for registration in the Company Book. § 3 of the Company Book Act, BGBl. No 10/1991, to be entered in the case of amendments and to be submitted for registration without delay:

1.		Full name of the BIFIE and indication of the tasks referred to in paragraph 1 and § 2;
2.		the name and date of birth of the directors and directors;
3.		the name and date of birth of the members of the Supervisory Board;
4.		the date of filing of the annual financial statements and the closing date.

Part 2

Tasks

Tasks

§ 2. (1) The duties and activities of the BIFIE relate to the entire area of the school system within the meaning of Articles 14 and 14a (2) of the Federal Constitutional Law, BGBl. No. 1/1930, with the exception of kindergartens and horts, as well as universities and universities of applied sciences.

(2) The core tasks of the BIFIE are to be carried out in the three-year plans in accordance with more detailed concretitions:

1.		Applied educational research;
2.		Education monitoring;
3.		quality development;
4.		regular national educational reporting.

(3) The competent governmental member is authorized to entrust the BIFIE with the processing of orders (e.g. projects, surveys or other projects) in the name and on behalf of the Federal Government.

Special principles for task perception

§ 3. (1) The BIFIE has to comply with the following guiding principles in the performance of the tasks in accordance with § 2:

1.		objectivity and impartiality and transparency;
2.		the application of methods and procedures in accordance with internationally recognised scientific principles and standards and their disclosure;
3.		Optimization of quality and rationalization based on ongoing internal reviews as well as five-year external, independent evaluations;
4.		Economy, efficiency and usefulness of the building;
5.		Avoidance of duplication through cooperation with other institutions in the fields of educational research and educational statistics such as in particular the Federal Institute for Statistics Austria, universities, teacher training colleges, Universities of applied sciences.

(2) The employees of the BIFIE are obliged to secrecy about all the facts known to them exclusively from their service activities. Section 46 (1) to (4) of the Official Services Act 1979 (BDG 1979), BGBl. No. 333, shall apply mutaficly.

Use of third parties for the perception of tasks

§ 4. The BIFIE is empowered to instruct appropriate persons and entities to carry out tasks by contract, if this is necessary for reasons of economy, economy and expediency.

Contract research and work on behalf of third parties

§ 5. (1) BIFIE may take over activities and works in its technical field of activity on the basis of contractual agreements with third parties, if the performance of the tasks in the public interest is not affected in accordance with § 2 .

(2) For the services referred to in paragraph 1, the BIFIE is to agree on a fee which at least covers the costs associated with the performance of the contract.

Cooperation with schools and school administration

§ 6. (1) Research projects on quality assurance in school education (e.g. reviews of educational standards, national and international surveys or assessments) and other surveys of the relevant government within the framework of the annual plans of the BIFIE are carried out in its direct order. In the case of surveys in schools, the BIFIE is subject to the orders of the responsible government member.

(2) The participation of pupils in the measures referred to in paragraph 1 shall be compulsory for them and shall be exempted from participation in the teaching at the necessary level. If the participation of pupils is in conflict with important school interests, the head of the school or the head of the school has to reach agreement with the BIFIE.

data, data protection

§ 7. The BIFIE is entitled, in its investigations, to collect data from the Federal Ministry of Education and Research (BGBl) according to the Education Documentation Act. I n ° 12/2002, to use all of the pupils 'and students' overall trends and to use existing evaluations from these evidences.

Part 3

Organs

Organs of the BIFIE

§ 8. (1) The organs of the BIFIE are

1.		the Executive Board,
2.		the Supervisory Board and
3.		the Scientific Advisory Board.

(2) A person may be a member in at most one of those institutions.

Executive Board

§ 9. (1) The management of the BIFIE as well as the representation of the BIFIE to the outside are responsible for the Executive Board. It is responsible for the fulfilment of the research and development tasks of the BIFIE according to § 2 and has in the commercial sector the due diligence and disclosure obligations of a regular entrepre or a regular entrepre , and to observe the principles of economy, economy and usefulness.

(2) The Executive Board shall consist of two persons appointed by the competent government member. The functional duration is five years. Reorders shall be admissible. The Job Occupation Law, BGBl. I n ° 26/1998, shall apply.

(3) Membership in the Executive Board shall end

1.		by the end of the operating period,
2.		by resignation,
3.		by convocation or
4.		by death.

(4) A resignation in accordance with Z 2 shall be declared to the competent government member and shall take effect only after 30 days, except in the case of important reasons. A convocation pursuant to Z 3 shall be made by the competent government member if the director or the director has committed a serious breach of duty, has been legally convicted of a criminal law or who has committed a serious breach of duty or who has committed a serious breach of duty. In the long term, the physical or mental aptitude required is no longer required. In the event of the prevention of a Director or a Director for a period of six months, the competent government member may temporarily, at the latest during the period of prevention, with the function of the Director, or to entrust the Director.

(5) The Executive Board shall, in particular,:

1.		Establishment of an institute order;
2.		Selection and disposal of the staff and financial and material resources of the BIFIE;
3.		Carry out a commercial accounting system corresponding to the requirements of BIFIE, taking into account § 14 and an internal control system;
4.		Preparation of the company concept, planning and control documents as well as reports (§ § 13 to 15);
5.		Conclusion of contracts.

(6) The Institute's Rules (Para. 5 (Z) 1) shall define and separate the tasks and decision-making powers of the two Directors or Directors. Provision should be made for decisions and decisions of special economic or other importance, in any case such as those pursuant to Article 11 (6) (5), to be taken only by agreement between the two directors or directors. can be. In the cases where the agreement cannot be established, the Supervisory Board shall be responsible for the decision and the Supervisory Board shall take the decision.

Representation of the BIFIE

§ 10. (1) The Executive Board represents the BIFIE in all matters to the outside world. Within the framework of the representation of the BIFIE by the Executive Board, both directors shall act by mutual agreement; § 9 (6) of the last sentence shall apply. For certain matters, the Institute's order may also provide for the power of representation of only one director or one director.

(2) The BIFIE shall be entitled and obliged by the legal transactions concluded by the Executive Board on behalf of BIFIE. With the approval of the Supervisory Board, the Executive Board is authorized to provide appropriate staff for certain matters of the BIFIE pursuant to § 54 of the German Corporate Code (UGB), dRGBl. S 219/1897, to be authorized.

(3) Each director or director shall be obliged to comply with all restrictions laid down in this federal law or in a binding order of the supervisory board or the competent governing member for the scope of its power, the BIFIE shall be established. However, a restriction of the power of representation does not have any legal effect against third parties.

(4) The delivery of a declaration, the delivery of precharges and other deliveries to the BIFIE may be made with legal effect to any director or any director or to staff authorized pursuant to paragraph 2, last sentence.

Supervisory Board

§ 11. (1) There shall be a Supervisory Board composed of nine members, of which:

1.		five members are to be appointed by the competent government member,
2.		to appoint a member of the Federal Minister of Finance or the Federal Minister of Finance,
3.		to appoint a member of the Federal Minister of Economics or the Federal Minister of Science and Research,
4.		a member under the appropriate application of the Labour Constitution Act, BGBl. N ° 22/1974, which is to be sent by the employee representative office and
5.		a Member is to be sent by the Federal Representation of the Public Service, which is responsible for the staff of the Office of Education.

(2) The members of the Supervisory Board shall be obliged to provide comprehensive information for the exchange of information with regard to the institution issuing or sending the Supervisory Board. They are entitled to compensation for the expenses incurred by them on the occasion of the performance of their function. The more detailed provisions on the replacement are to be made by Regulation of the competent government member, in which a flat-rate effort can also be established.

(3) The members of the Supervisory Board pursuant to Section 1 (1) (1) and (2) shall be appointed for a period of five years for each term of operation. Reorders or dispatches are permitted. If a member of the Supervisory Board is given early retirement, a new member shall be appointed for the remainder of the term of office in the same way as the member of the retired member. After the end of the operating period, the Supervisory Board has continued its business until the newly ordered Supervisory Board meets.

(4) The Chairperson of the Supervisory Board or the Chairman of the Supervisory Board, as well as his deputy or his deputy, shall be appointed by the competent government member from the circle of members pursuant to Section 1 (1) (1) and (2).

(5) The members of the Supervisory Board may, upon request or in the presence of important reasons, be dismissed from their function by the ordering or sending institution before the end of the operating period.

(6) The Supervisory Board has the following tasks:

1.		to draw up a rules of procedure and the submission of the rules to the relevant member of the government;
2.		Examination and approval of the institute's regulations and submission of the same to the relevant government member for approval;
3.		examination and approval of the company's concept and the three-year plan, and forwarding it to the relevant government member for approval;
4.		Audit and approval of the annual plan and annual report, as well as audit of the current quarterly reports;
5.		approval of the acquisition and disposal of real estate, shareholdings, companies and undertakings as well as of contracts for which the total remuneration to be agreed exceeds 10 vH of the basic diversion;
6.		Audit of the annual financial statements and reporting to the relevant government member;
7.		approval of the establishment and closure of branch offices;
8.		Representation of the BIFIE in the conclusion of legal transactions between the BIFIE and a director as well as in legal disputes of the BIFIE with a director.

(7) The Supervisory Board shall have a quorum if at least half of the members are present. The Supervisory Board decides with a simple majority of votes; in the event of a tie, the vote shall be taken by the vote of the the Chairman (Dirimation Law). The transfer of voting rights as well as abstention are inadmissible. In urgent cases, the vote may be taken in writing, by fax or by a suitable electronic way, without the Supervisory Board meeting (round-the-board procedure) if no member of the Supervisory Board within the chairperson's or the chairman's the chairman shall not be able to speak at least three working days after the documents have been sent to the said procedure. Decisions of the Supervisory Board, which require additional federal funds to be applied to the funds provided for in § 16, require the approval of the members of the government pursuant to paragraph 1 (1) and (2) of the Regulation.

(8) The Supervisory Board shall submit to the competent government member an opinion of the Supervisory Board for a decision not approved by the Supervisory Board, corporate concepts or three-year plans. The Executive Board has the right to comment on the arguments of the Board of Supervisors.

(9) At the request of at least four members, the Supervisory Board shall repeal decisions of the Executive Board of the BIFIE or prohibit its implementation if such decisions

1.		shall be contrary to the principles of ordinary budgetary management; or
2.		seriously endanger the implementation of the annual plan; or
3.		the concretisations in the work plans in accordance with § 2 para. 2.

Scientific Advisory Council

§ 12. (1) A Scientific Advisory Board (hereinafter referred to as the Advisory Board) shall be established at the BIFIE. This consists of seven members to be appointed by the competent government member for a five-year term of operation, of which at least two members belong to the education or research area outside the Republic of Austria. , and have further members in the field of university, university and non-university research. The appointment of four of the seven members is to be agreed with the Federal Minister for Science and Research and the Federal Minister for Science and Research.

(2) The Advisory Board shall ensure the national and international scientific level. He advises the institutions of the BIFIE in the exercise of all legal tasks, in particular in the preparation of the annual and three-year plans.

(3) The members of the Advisory Board to be appointed shall have sufficient competence in the areas covered by the role of BIFIE in accordance with Article 2 (2).

(4) The Advisory Council shall elect from its ranks an absolute majority of a Chairperson or a Chairperson and, in a separate electoral process, a deputy or a deputy. In the case of votes with equal votes, the vote of the chairman or the chairman shall indicate the extent to which the vote shall be taken (dirimony law).

5. The Advisory Council shall be validly validly present when at least half of the members are present. Decisions may be taken only by a qualified majority of at least two-thirds of the votes cast. The more detailed rules governing the elections (para. 4) and the management of the Advisory Board shall be laid down in a rules of procedure of the Advisory Board.

(6) The members of the Advisory Board shall be entitled to reimbursement of expenses incurred as a result of the performance of their duties. The more detailed provisions on the replacement are to be made by Regulation of the competent government member, in which a flat-rate effort can also be established.

Part 4

Work planning and reports

Company concept and three-year plan

§ 13. (1) The first Board of Directors of BIFIE shall draw up a corporate concept by 30 June 2008 in accordance with § § 2 and 9 and submit it to the Supervisory Board for examination and approval. The Supervisory Board then forwarded the company's concept to the relevant government member for approval.

(2) The Management Committee shall be entitled to change the corporate concept in the event of substantial changes to the framework conditions. In this connection, paragraph 1 shall apply mutaly.

(3) The Executive Board shall draw up a three-year plan (consisting of a plan of work and a financial plan) on an annual basis, taking into account the requirements of the relevant government member, and shall review the Supervisory Board in good time before the end of the year. . The Supervisory Board then forwarded the three-year plan to the relevant government member for approval. The first three-year plan shall be submitted to the relevant government member by 30 June 2008 for the period 2008 to 2010.

Ongoing planning and reporting

§ 14. (1) The Executive Board shall submit an annual annual plan (for the coming year) by the end of September and an annual report (for the past year) to be submitted to the Supervisory Board for consideration by the end of March. The annual plan as well as the annual report refer to the three-year plan (§ 13 para. 3).

(2) The annual report shall contain an annual financial statement and a management report, whereby § § 189 to 243 of the German Commercial Code (UGB) are to be applied in accordance with the applicable law and the annual accounts and annual report shall be submitted by an approved auditor or by an approved auditor. The auditor is to be examined in accordance with § § 268 to 276 of the German Commercial Code (UGB). The Executive Board shall forward the annual report to the relevant government member after consideration by the Supervisory Board in accordance with paragraph 1. The annual financial statements issued by the competent government member must be included in the Federal Financial Statements (Section 98 (2) (5) of the Federal Constitutional Court) and must be submitted to the Company Book. Upon request, the relevant government member must report on fundamental issues of the activities of the BIFIE separately.

(3) For the first financial year, a provisional annual plan shall be drawn up by the competent government member, which shall apply until the approval of the annual plan drawn up by the Executive Board.

(4) The company concept pursuant to § 13 (1) and the plans pursuant to § 13 (3) and § 14 (1) shall be based on compliance with the principles of economy, economy and expediency, as well as the provisions of section 16 (1) and (3) and taking advantage of all to create existing rationalization and synergy potentials. Furthermore, the organisation structures of the BIFIE, the existing personnel and material resources, the investments and the financial situation are to be taken into account during the preparation process.

(5) The Executive Board shall ensure the establishment of a planning and reporting system which shall comply with the reporting requirements by the BIFIE in accordance with the statutory provisions and the requirements of the Federal Minister or the Federal Minister of Foreign Affairs. Federal Minister of Finance in respect of the establishment of a participant and financial control unit.

Other reporting requirements

§ 15. (1) The Executive Board shall report to the Supervisory Board at least quarterly on the course of business and the situation of the BIFIE in comparison with the three-year plan, taking into account the future development (quarterly report). The Chairman of the Supervisory Board shall be reported immediately on an important occasion or on request. In addition, the Supervisory Board shall report immediately to the Supervisory Board about circumstances which are of considerable importance for the liquidity of the BIFIE (special reports). Preliminary oral reports shall be submitted in writing.

(2) All plans and reports shall be submitted in writing, shall be handed out to each member of the Supervisory Board and shall be explained orally at the request of the Supervisory Board.

Part 5

Finance and Gebarung

Financing

§ 16. (1) The Federal Government, represented by the competent governmental member, shall provide the BIFIE for the expenses incurred by him in the performance of his tasks in accordance with § 2 of the public interest,

1.		in 2008, a base grant of EUR 5 million as well as start-up costs of EUR 1.345 million and
2.		a base grant of 6.5 million euros per year after 2008.

(2) The Federal Government, represented by the competent government member, has to pay the BIFIE one twelfth of the basic grant in accordance with paragraph 1 in advance for the first day of each month in advance.

(3) In addition to the benefits provided for in paragraph 1, the federal government, represented by the competent government member, may pay increased expenses under the condition provided for in the Federal Finance Act for these purposes, provided that this is in spite of the economic, economical and appropriate building of the BIFIE and taking account of rationalization measures.

Assets

§ 17. (1) The ownership of the Federal Government in movable property which the Federal Institute for Educational Research, Innovation and Development of Education, according to § § 20a to 20d of the German Federal Institute for Education Research (Bundesinstitut für Bildungsforschung), Federal School Supervision Act, BGBl. No 240/1962, shall be left to use, including all rights and legal relationships, claims and liabilities associated with the following day through the full succession to the BIFIE and shall be covered by the BIFIE in a Record and evaluate the inventory directory.

(2) The value of the value of the assets transferred shall be determined on the occasion of the opening balance sheet to be drawn up within six months from the transfer of assets in accordance with paragraph 1. There is no link to the cost of acquisition and production for the determination of the value of the value in the opening balance sheet. The rates of value of the technical equipment and equipment shall be determined in accordance with their possible uses, taking account of the current state of the art. The opening balance sheet shall contain a summary of BIFIE's actives and liabilities, which shall be assigned to this area in a comprehensible and operational way and from which the exceeding creditor and debtor positions shall be taken into account. are recognizable. In addition, the facility shall contain all assets, legal relationships and charges not included in the balance sheet, which are part of the preceding institutions. The value rates of the opening balance sheet shall be examined and confirmed by an auditor or an auditor. The opening balance sheet is to be submitted to the company register. § 10 of the UGB shall apply.

(3) The competent governmental member shall be authorized to conclude rental or subleasing contracts with BIFIE for the premises used by that member.

(4) All operations in accordance with this Federal Act in connection with the obtaining of its own legal personality, the transfer of assets and/or the transfer of assets, or The granting of rights, receivables and liabilities from the Federal Government to the BIFIE shall be exempt from all fees, taxes and duties regulated by the Federal Government.

Exemption from charges

§ 18. The BIFIE is of the fees within the meaning of the Fees Act 1957, BGBl. No. 267, liberated.

Advice and representation through the financial procuration

§ 19. The BIFIE is entitled to use the advice and representation through the financial procuration against payment in all legal matters.

Part 6

Staff

Staff of the BIFIE

§ 20. Subject to the provisions of § 23, BIFIE shall apply the Act on the Service of the BIFIE to the employees and the female employees of the BIFIE in the respective version in force.

Representation of workers ' interests and workers

§ 21. (1) From the establishment of the BIFIE to the constitution of the works council to be elected, the duty station committee shall act with the competent Federal Ministry as the representative of the employees or employees of the BIFIE. In order to ensure that the newly elected Works Council is able to commend its activities at the latest nine months after the establishment of the BIFIE, it has to ensure that the newly elected Works Council is able to take up its duties at the latest.

(2) The works council to be set up at the BIFIE according to the provisions of the Labour Constitution Act shall, at the same time, carry out the function of the Services Committee with regard to the officials and civil servants assigned to the BIFIE for the duration of the service; These civil servants also continue to belong to the scope of the Central Committee of the Federal Ministry of Education, Arts and Culture.

(3) All workplaces of the BIFIE constitute a uniform operation within the meaning of Section 34 of the Labour Constitution Act (ArbVG), BGBl. No. 22/1974. Section 22a of the Act on Disability of Persons with Disabilities, BGBl. N ° 22/1970, shall apply.

Federal Equal Treatment Act

§ 22. The Federal Employment Equality Act, BGBl, is the employee of the BIFIE. No 100/1993, mutatily.

Transfer of staff

§ 23. (1) Contract staff of the Federal Government, which shall, on the day before the entry into force of this Federal Law, the Federal Institute for Education Research, Innovation and Development of the Education System in accordance with § § 20a to 20d of the Federal School Supervision Act, BGBl. No 240/1962, are assigned to the permanent service, and with the entry into force of this Federal Act, workers and workers of the BIFIE will be assigned. From this point on, the BIFIE shall continue the rights and obligations of the Federal Government. These employees and employees are subject to the provisions of the law on service and remuneration, in particular the Act on the Order of Contract in 1948, BGBl. No. 86, with the proviso that the organs of the BIFIE are replaced by the organs of the Federal Government referred to in the Federal Act cited above; the conclusion of special contractual provisions in accordance with Section 36 of the Act on the Order of Contract 1948 is no longer permissible.

(2) These workers and employees shall have their willingness to withdraw from their employment relationship within one year of the entry into force of this Federal Act (paragraph 2). 1) declare entitlement to simultaneous inclusion in an employment relationship with the BIFIE in accordance with the provisions applicable to newly entering workers at that time. There is no claim to be made in connection with this departure. However, the service time spent in the previous service ratio must be taken into account for all time-dependent rights.

(3) Officials and civil servants of the Federal Republic of Germany, which on the day before the entry into force of this Federal Law at the Federal Institute for Education Research, Innovation and Development of the Education System according to § § 20a to 20d of the Federal School Supervision Act, BGBl. N ° 240/1962, service, with the entry into force of this Federal Act, are transferred to the Federal Ministry of Education, Arts and Culture-Central Management and, at the same time, assigned to the BIFIE for the permanent service. The Executive Board shall be bound by the instructions of the competent governmental member in matters relating to the duties of these officials and officials. The Workers ' Protection Act, BGBl. No 450/1994, shall apply.

(4) The officials and civil servants referred to in paragraph 3 shall be entitled, if they declare their withdrawal from the Federal Service within one year of the entry into force of this Federal Law, to be included in an employment relationship with the BIFIE with effect from the date of the withdrawal of the following month, and in accordance with the provisions applicable to new employees at that time. The service time spent at the covenant is to be calculated for all time-dependent claims.

(5) For the officials and civil servants referred to in paragraph 3, the BIFIE shall replace the Federal Government with the total cost of the active salaries, together with additional costs, as well as to contribute to covering the pension expenses. This contribution amounts to 31.8 vH of the cost of active remuneration. All cash benefits from which the pension contribution is to be paid shall be considered as active deductions. The pension contributions to be paid by officials and officials, with the exception of the special pension contributions, are to be included. In the event of a future change in the amount of the pension contributions of the officials and civil servants in accordance with § 22 of the salary law 1956, BGBl. N ° 54, the percentage of the contribution fee shall change in the same proportion. Transfer amounts paid by social security institutions as from the date of entry into force of this Federal Act, as well as the special pension contributions, shall be transferred to the Federal Government in full immediately. The other payments to the Federal Government are due on the tenth of the month in question.

(6) For the satisfaction of the reference rights of the staff referred to in paragraphs 1, 2 and 4, the Federal Government has to be held liable in the same way as an ominous citizen (Section 1356 of the General Civil Code, JGS No. 946/1811). The amount of the liability shall be limited to that amount which, on the day prior to the effectiveness of the expat from the Federal Service, shall be limited to the pay-as-you-see status of the staff referred to above, taking into account the Use at this point in time plus the period of service completed after that date, the regular advances and general salary increases provided for.

(7) Staff members who become employees and employees of the BIFIE pursuant to paragraph 1, 2 or 4 shall be treated as if they were federal staff with regard to the use of service or natural housing. As a result, no existing relationship will be established on the flat and the provisions of § 80 of the BDG 1979 and § § 24a to 24c of the salary law 1956 will continue to be applied in accordance with the provisions of this directive. The remuneration for service or natural residences must be paid to the company. The rights of the employer in accordance with § 80 BDG 1979 shall be the responsibility of the competent government member.

(8) The Federal Government's requests to employees who become employees and employees of the BIFIE pursuant to para. 1, 2 or 4 shall pass on to the BIFIE with the date of the establishment of this employment relationship and shall be subject to the Federal Government's to reconstruct without delay.

(9) The BIFIE shall take over the acquisition and anniversary grants of staff members who establish a working relationship with the BIFIE pursuant to para. 2 or 4.

(10) Workers and employees of the BIFIE according to para. 1, 2 and 4, who change into a service relationship to the federal government, must be treated as if their previous employment relationship with the BIFIE is a service relationship to the federal government. had.

Part 7

Government supervision

Supervision

§ 24. (1) The BIFIE shall be subject to the supervision of the competent government member and the control by the Court of Auditors.

(2) The supervision of the competent government member shall extend to:

1.		compliance with the laws and regulations,
2.		the performance of the tasks assigned to the BIFIE under this Federal Act, and
3.		the building of the BIFIE.

(3) It is the responsibility of the competent government member:

1.		The approval of the institute's organisation of the BIFIE;
2.		the formulation of provisions relating to the three-year plans;
3.		approval of the company's concept and three-year plans;
4.		the discharge of the Supervisory Board;
5.		the appointment of the auditor or the auditor of the annual financial statements;
6.		the establishment of the annual accounts and the discharge of the Executive Board;
7.		Decision-making on the appropriation of the net profit or loss of balance sheet.

8. Part

Transitional and final provisions

Transitional justice

§ 25. All measures necessary for the performance of the tasks of the BIFIE pursuant to this Federal Act are to be set by the day following the presentation of this Federal Act, unless it has already been done. Furthermore, the appointment of the Executive Board and the members of the Supervisory Board must be carried out in such a way as to enable them to take up their duties in good time.

Referral to other legislation

§ 26. Insofar as other federal laws are referred to in this Federal Act, this reference refers to the version in force in each case.

Enforcement

§ 27. With the enforcement of this federal law is

1.		as regards Section 11 (1) (2) and (18) of the Federal Minister of Finance, or the Federal Minister for Finance,
2.		as regards Section 11 (1) (3) of the Federal Minister of Germany or the Federal Minister for Science and Research,
3.		as regards Section 12 (1), last sentence, of the Federal Ministers or the Federal Minister for Education, the Arts and Culture in agreement with the Federal Minister for Science and Research,
4.		as regards Section 16 of the Federal Minister of Education, the Federal Minister for Education, the Arts and Culture, in agreement with the Federal Minister for Finance and the Federal Minister for Finance, and
5.		the Federal Minister of Education, the Federal Minister for Education, the Arts and Culture
.

entry into force

§ 28. This federal law comes with 1. Jänner 2008 in force.

Article 2

Amendment of the Federal Education and Training Act

The Federal School Supervision Act, BGBl. No 240/1962, as last amended by the Federal Law BGBl. I n ° 113/2006, is hereby amended as follows:

Section 24 (3) Z 2 reads as follows:

" 2.		Section IIa (§ § 20a to 20d) shall enter into force on 1 September 2006 and with the expiry of 31 December 2007. "

Fischer

Gusenbauer