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Amendment Of The Passport Act 1992 And The Fees Act 1957

Original Language Title: Änderung des Passgesetzes 1992 und des Gebührengesetzes 1957

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44. Federal Act to amend the Passing Act 1992 and the Fees Act 1957

The National Council has decided:

Article 1

Amendment of the PassAct 1992

The Passgesetz 1992, BGBl. N ° 839/1992, as last amended by the Federal Law BGBl. I No 104/2002, shall be amended as follows:

1. The heading to § 3 reads:

"Exhibition of passports and identity cards"

2. § 3 (2) reads:

" (2) The design of passports and identity cards shall be determined in accordance with the internationally customary requirements for travel documents by means of a regulation of the Federal Minister of the Interior in agreement with the Main Committee of the National Council. In this connection, the agreement with the Federal Minister for Foreign Affairs is to be established for diplomatic passports. "

3. According to Article 3 (2), the following paragraph 2a is inserted:

" (2a) The Regulation referred to in paragraph 2 has to be taken into account for handling, forgery and machine readability and, in any case, to include information on the format, the cover and the number of pages. Identity-related data may include names, gender, academic degree, date of birth, place of birth, nationality, size, special characteristics, photograph and signature of the document holder, where the machine-readable data Zone only the names, sex, citizenship and date of birth may be identifiable, as well as the issuing State, the document type, document number and period of validity of the passport or identity card must be included. "

(4) The following paragraphs 5 to 10 are added to § 3:

" (5) passports shall be provided with a short-distance contactless electronic data carrier, on the name, date of birth, sex, photograph, citizenship, issuing authority, type of document, date of issue, The effective date, the passport number and the serial number of the volume will be saved. The data shall be secured by means of technical procedures against unlawful alteration and investigation. The authenticity, integrity and confidentiality of the stored data are to be ensured electronically by the Federal Minister of the Interior by means of cryptographic measures. The technical method for reading out the data from the electronic data carrier is to be designed in particular in such a way that a successful read-out process requires optical access to the data page of the passport. The exchange of data between the passport reader and the electronic data carrier contained in the passport may only take place in encrypted form.

(6) The passport authorities of a common service provider shall be used for the printing and electronic introduction of the data into the documents. This data shall be transferred to the passport authorities during the processing operation; this data, as well as all data made available to him for his/her task, shall be deleted by the service provider as soon as he no longer needs them, but at the latest, however, after the expiration of four months after the date of dispatch of the document. The passport number and serial number of the chip may, however, be stored for the purpose of processing complaints for the duration of the validity of the passport.

(7) When introducing the data in the passports, it is necessary to ensure that this is done in a safe environment. In particular, it shall be made certain that:

1.

the data shall not be made available to any more persons than is strictly necessary;

2.

by means of organisational and technical arrangements for access to rooms in which access possibilities are available to the data, in principle only by persons who are in advance, who with a special identity card before each entry , it is possible to identify;

3.

access to the rooms mentioned in Z 2 are recorded, so that for the last two months it can be understood who has gained access;

4.

is prevented by alarm systems of unrecognized access, and

5.

appropriate precautions corresponding to the relevant state of the art in order to prevent destruction or alteration of the data by means of program disturbances.

(8) The Federal Minister of the Interior is authorized to act for the passport authorities in accordance with the provisions of § § 10 and 11 of the Data Protection Act 2000, BGBl. No 165/1999, to conclude an agreement with the service provider for the purposes set out in paragraphs 6 and 7 and to lay down, by means of a regulation, the date from which passports are to be provided with an electronic data carrier as referred to in paragraph 5.

(9) The service provider shall arrange for the verifiable delivery of the document in accordance with the authority's delivery order for the latter.

(10) If the passport holder presents a passport in which the data carrier is no longer fully functional in accordance with paragraph 5, it shall be issued, irrespective of the fact that it is still a valid travel document, a new document, the document of which shall be: Validity ends with the date of validity of the original document. The original document shall be retained by the Authority. If the data carrier malfunction has occurred in spite of a normal or reasonable foreseeable treatment, no federal legal fees and charges shall apply for the exhibition of the new document. "

5. In § 4, the last sentence is deleted.

6. § 4a reads:

" § 4a. (1) For certain events, ordinary passports, which do not have a data carrier in accordance with Article 3 (5), may be issued with a shortened period of validity if:

1.

the period during which the passport advertiser needs the passport is not sufficient to issue a machine-readable passport; or

2.

the passport advertiser temporarily does not have his/her usual passport before an important and inexorable journey, or

3.

the passport is only for entry into the federal territory.

(2) In such cases, the inscription of the machine-readable zone may be omitted in the case of passports with a period of validity of not more than six months. "

7. § 5 (1) Z 4 reads:

" 4.

Officials, contract agents and other persons who are in the service of the Federal Government, the Länder or other bodies governed by public law in the case of Austrian professional representative bodies, as well as their spouses and underage children, if they live with them in the common household, and "

8. In § 6 (1) Z 6, after the word "People's Office" a dash, the following word "and" The Z 7 and the Z 8 to be attached are not as follows:

" 7.

the officials of the higher external service and their spouses and minor children, if they live with them in the common household; and

8.

Contract staff of the higher external service after successfully completed service examination, as well as their spouses and underage children, if they live with these in the common household. "

9. In § 7, last sentence, after the word "passports" a point and the rest of the sentence is deleted.

10. In § 8 (3), after the word "Minor" a point and the rest of the sentence is deleted.

(11) The following paragraphs 4 and 5 are added to § 8:

" (4) In the case of reasonable doubt as to the legal representation, it shall be proved by the person who claims to be a legal representative. In the cases referred to in paragraph 2 (2), proof of the right to care and education is to be provided by the contradicting person.

(5) In a regulation according to Article 3 (2), provision may be made for minors to complete the 12-year period until the end of the 12-year period. "Year of life shall be issued with passports which do not have any data carriers in accordance with § 3 (5)."

Article 9 (3) reads as follows:

" (3) In so far as the applicant is not entitled to the power of representation in accordance with paragraph 1, the consent of the legal representative of the minor shall be required. In addition, § § 7 and 8 para. 2 shall apply to the co-entry. "

13. In Section 9 (5) (4), the point at the end of the sentence shall be replaced by an accent and the following Z 5 shall be added:

" 5.

the consent of the legal representative referred to in paragraph 3 has been withdrawn with respect to the Authority. "

14. § 10 together with headline reads:

" Other passports

§ 10. (1) For a person who has a valid habitual passport, passport or diplomatic passport, a further passport of the same type shall be issued if it proves that the possession of several passports is for personal or personal use, or professional reasons, important journeys are necessary.

(2) The maximum period of validity permitted for further passports shall be determined by the Federal Minister of the Interior, depending on the reason for the exhibition. "

15. The heading to § 10a reads:

"Obligation to provide notification and reporting"

16. § 10a (2) reads:

" (2) A lost or alienated passport, the period of validity of which has not expired for more than five years, shall be returned to the possession of the passport holder, he shall notify the Authority without delay; he has already received a new passport , on the occasion of this communication, he shall submit the re-possession of the Authority's passport for the devaluation of the passport. "

17. In § 11 (1) the entry rate is:

"Ordinary passports shall be issued with a period of validity of 10 years from the date of complete collection of the data by the Authority, unless:"

18. In § 11 para. 1 Z 4 the word shall be "second" by the word "more" replaced.

19. § 12 (1) reads:

" (1) Service passports and diplomatic passports can be issued with a validity period of at least five years. An extension of the validity period shall be inadmissible. The period of validity of the passport shall be determined on the basis of the tasks assigned to the passport advertiser or to the person who is entitled to issue a service passport or diplomatic passport for the purpose of issuing this passport. to take care of them. "

20. In Section 12 (2), the word order shall be deleted "and the extension of their period of validity" .

21. In § 13 para. 1 Z 3 the word "second" by the word "more" replaced.

22. In § 14 para. 1 Z 3 lit. a becomes the phrase "six months" through the phrase "Three Years" replaced.

23. In § 14 para. 1 Z 3 lit. b becomes the word "Customs offences" the word "judicial punishable" .

24. § 14 (1) Z 3 lit. c is as follows:

" (c)

to promote the illegal entry or transit of a stranger in or through a Member State of the European Union or into a neighbouring country of Austria, '

25. In § 14 (1) (4), the point at the end of the sentence shall be replaced by an accent and the word shall be replaced by "or" and the following Z 5 shall be added:

" 5.

Facts justify the assumption that the passport advertiser could, as a member of a criminal organisation or criminal or terrorist group within the meaning of § § 278 to 278b StGB by staying abroad, the internal or external security of the Republic of Austria. "

26. § 14 (3) reads:

" (3) Liegen den in par. 1 Z 3 lit. b to f and Z 4 and 5 are based on the facts which are punishable by legal proceedings, in any case until the expiry of three years after the act is in any case to be assumed from a reason of failure, with periods of imprisonment and periods of accommodation in accordance with § § 21 to 23 StGB have to be disregarded. "

27. In § 15 (5) there is no point after the last sentence of the item and it becomes the word order "and are to be devalued by the Authority." .

28. In § 16 (1) the word order is deleted "the extension of the period of validity," .

29. § 16 (2) reads:

" (2) The local jurisdiction shall be determined domestily in accordance with the main residence and in the absence of such a person after the stay in the Federal territory. If a person who has its principal residence in the territory of the Federal Republic of Germany applies for the exhibition, extension of the scope or modification of an ordinary passport with another competent national authority, in whose sprint the He/she shall be responsible for the official act of the office. "

30. In § 16 loud para. 4 and the subparagraphs 5 and 6 to be attached:

" (4) The local jurisdiction shall be based abroad on the basis of the principal residence or in the absence of such a person after the stay abroad. A principal residence located in the territory of the Federal Republic of Germany, or a main residence not located in the office of the representative authority, shall not preclude the local authority of the representative authority for issuing a passport pursuant to Section 4a.

(5) Paragraph 1 to 4 shall apply to the participation of children and to the annulment of a notification, provided that the local jurisdiction in the territory of the country is established by the principal residence, in the absence of such or abroad by the A stay of the Passinoher is determined. If a personal passport is issued for a registered minor (Section 9 (5) (1)), the competent issuing authority shall also be responsible in accordance with § 9. The authority otherwise responsible for the annulment of the notification shall be informed of this.

(6) Bundesrechenzentrum GmbH has to cooperate in the management of data applications in accordance with § 22a and § 22b against payment. "

31. § 17 (2) reads:

" (2) The passport authority shall, when the data is introduced into a habitual passport of a service provider (§ 3 (6) and (7)), the applicant may declare that he or she shall, for reasons specific to the application of the authority, requests an accelerated delivery of the document (express passport). In this case, the passport must be treated and accelerated in the production process as a priority. "

32. § 18 (1) reads as follows:

"(1) The" Passersatz "(" Passersatz ") in the sense of § 2 will be issued with identity statements and statements of acceptance for citizens."

33. § 19 (6) reads:

"(6) The provisions of Section 16 (2) to (4) shall apply to the local jurisdiction."

34. § 20 together with the title shall be deleted.

35. In § 22 (2), after the word "in" the phrase "second and" inserted.

36. § 22a together with headline reads:

" Use of personal data on the occasion of application and in local applications

§ 22a. (1) The passport authorities are authorized to issue a passport or identity card when applying for an application

a)

names,

b)

Gender,

c)

academic degrees,

d)

date of birth,

e)

Birthplace,

f)

Citizenship,

g)

Residences or contact points (§ 19a Reporting G),

h)

size,

i)

special features in verbal description,

j)

light image,

k)

Signature and

l)

the area-specific person identification (bPK, § 9 E-Government-Gesetz) and

m)

Names, gender and birth dates of registered children

to process the applicant for the purpose of introducing this data into the passport or identity card and to leave these data to the service provider in accordance with § 3 (6).

(2) The locally competent passport authority is authorized to determine further personal data (process data) required for the exhibition procedure and other procedures in accordance with this Federal Law and together with the related data Data according to paragraph 1 as well as the further data according to § 22b para. 1 for processing automation.

(3) In order to determine the data in accordance with paragraph 2, only names, dates of birth, passport or ID number, a number of procedures or the area-specific person identification number (bPK, § 9 E-Government-Gesetz) may be used as the selection criterion. The illumination of the light image and the signature image is only permissible if this is a necessary condition for the performance of a regulatory task.

(4) Data processed in accordance with para. 2 may only be used for the enforcement of this federal law, insofar as there is no separate express statutory authorisation. Procedural data may, however, be used exclusively by the local competent local passport authority.

(5) The procedural data referred to in paragraph 2 shall be deleted as soon as they are no longer required, but no later than ten years after the validity of the decision or after issue of the passport. Data on documents to be presented in proceedings under this Federal Act and data on official decisions to be taken into account in such proceedings shall be one year after the devaluation of the passport or identity card, in the case of passports no later than six years after the expiry of the period of validity.

(6) Data uses within the scope of this provision must be recorded in such a way that it is possible to assign processed processing operations together with the reason for which they are to be assigned to a particular organ walter. The log records are to be deleted after three years. "

§ 22b together with headline reads:

" Use of personal data in the context of the central evidence

§ 22b. (1) The passport authorities may use the data in accordance with section 22a (1) as well as from the date of the exhibition

a)

the issuing authority,

b)

the date of issue,

c)

the passport or ID number,

d)

the period of validity,

e)

the scope,

f)

The area-specific identifier (bPK, § 9 E-Government-Gesetz),

g)

special information necessary for the exhibition procedure, and

h)

an endorsement of an ongoing procedure under this Federal Act

in the context of a central evidence. The Federal Minister of the Interior shall exercise the function of the operator in accordance with § 50 DSG 2000 as well as those of the service provider within the meaning of § 4 Z 5 DSG 2000 for the passport authorities. The purpose of this processing is to inform an authority pursuant to paragraph 4 of the issue of the issuing of a passport or identity card or of a procedure under this Federal Act.

(2) The passport authorities may further name, gender, academic degree, date of birth, place of birth, nationality, residences or contact point (§ 15a), photograph, the area-specific identity mark (bPK, § 9 E-Government-Gesetz), The name of the parent of a person and the alias data of a person, and within the framework of a central evidence, including the reason for the storage, as well as the issuing authority, the date of issue, the passport number and the validity period of the Process a passport or a passport set if:

1.

a passport or a passport set by the person concerned is reported as lost or alienated; or

2.

the person concerned has failed or has been withdrawn or withdrawn from a passport or a passport in accordance with § § 14 or 15.

The purpose of this processing is to identify the identity of persons and prevent improper use of travel documents, and to inform the authorities of existing grounds of failure and destiration.It is therefore necessary to provide information on the grounds of the existence of such documents. The last sentence of section 22a (3) shall apply mutaly to the use of the light image data.

(3) The passport authorities are authorized to use the personal data stored by them in the central evidence on the occasion of a concrete procedure for the purposes set out in the last sentence of paragraph 1 and last sentence of the last sentence of paragraph 2. A retrieval of the data is only permitted on the basis of the search criteria mentioned in section 22a (3).

(4) On request in individual cases, data processed pursuant to para. 1 and 2 may be processed by certain persons to the passport authorities for the purposes of proceedings under this Federal Act, to the security authorities, courts and public prosecutors for their use. in the case of criminal justice services. In the case of the granting of an option for automated retrieval of the data, such data shall only be permitted on the basis of the search criteria mentioned in section 22a (3). Otherwise, transmissions are only permitted if there is an explicit statutory authorisation.

(5) The logging provisions of Section 22a (6) shall also apply to the central evidences referred to in paragraphs 1 and 2 of this provision. "

38. § 22c together with headline reads:

" Central Evidenz; Information blocking and deletion

§ 22c. (1) Personal data processed in accordance with § 22b (1) upon application of the application shall be deleted with effective withdrawal or final rejection of the application, the endorsement of an ongoing procedure under this Federal Act shall be deleted. legally binding closure of the procedure. Furthermore, according to § 22b (1), one year after the devaluation of the passport or identity card, the personal data shall be blocked for information in the case of passports at the latest, however, six years after the expiry of the last period of validity.

(2) Personal data processed in accordance with Section 22b (2) are

1.

in the case of Z 1 and in the case of travel documents on the market, in the cases of Z 2 in the case of passports six years after the end of the last period of validity, in the case of a pastime one year after the expiry of the period of validity,

2.

otherwise, in the cases of the Z 2, ten years after the legal force of the date of the date of the information shall be blocked.

(3) In the event that the reason for the storage occurs before the expiry of the time points referred to in paragraph 2, the personal data shall be blocked for information one year after the reason for the removal of the reason.

(4) The data blocked for information shall also be physically deleted after the expiry of two further years. "

39. The following paragraphs 8 and 9 are added to § 25:

" (8) § § 3, 3 para. 2, 2a and 5 to 10, 4, 4a, 5 para. 1, 6 para. 1, 7, 8 para. 3, 4 and 5, 9 para. 3 and 5, 10, 10a, 10a para. 2, 11 para. 1, 12 para. 1 and 2, 13 para. 1, 14 para. 1 and 3, 15 para. 5, 16 para. 1 and 2, 4, 5 and 6, 17 para. 2, 18 para. 1, 19 para. 6, 22 (2), (22a), (22b), (22c) and (25c) shall enter into force with the date fixed in accordance with Article 3 (8). At the same time, Section 20 repeals. With the proclamation of this federal law, in the version of the BGBl. I n ° 44/2006, a trial operation may be carried out; the personal data processed solely for the trial operation must be deleted immediately after the trial operation, but at the latest with the entry into force of this Federal Act.

(9) Die bis zum In-Kraft-Treten des Passgesetz, in the version of the BGBl. I No 44/2006, the ZMR figures used in the registers of the passport authorities may continue to be used until that date. "

40. In accordance with § 25b, the following § 25c and heading is inserted:

" Linguistic equality

§ 25c. As far as natural persons are referred to in this Act only in male form, they shall refer to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '

Article 2

Amendment of the Fees Act 1957

The Fees Act 1957, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 37/2006, is hereby amended as follows:

1. § 14 of the tariff post 9 is amended as follows:

(a) para. 1 reads:

" (1) passports

1.

ordinary passport, tourist pass, prevention passport .............. 69 Euro

2.

Passport pursuant to § 17 paragraph 2 of the Passport Act (Express Pass) ...................... 100 Euro

3.

Passport without data carrier in accordance with § 8 para. 5 of the Passport Act ......................... 26 Euro

4.

Passport without data carrier in accordance with § 17 para. 2 of the Passport Act (express passport) ... 38 Euro

5.

Extension of the scope of application .............................................. 60 Euro

6.

post-registration of children ....................................................... 26 Euro

7.

Other amendments or additions made on request, regardless of the number of amendments ................................................................................ 26 Euro

8.

Exhibition of an identity card .......................................... 56 "

(b) In paragraph 2, the Z 2 is deleted and the previous Z 3 is given the designation Z 2.

(c) paragraph 5 reads:

" (5) The issuing of the travel document by an authority of a country or municipality shall be subject to a flat-rate amount for each travel document. This shall be in the cases

-

of paragraph 1 Z 1 ................ 53,03 Euro

-

of paragraph 1 Z 2....................79 Euro

-

of paragraph 1 Z 5 ............... 34,50 Euro

-

of paragraph 1 Z 6....................13 Euro

-

par. 1 Z 8 ............... 30,50 Euro

-

of paragraph 2 Z 1. ....................35 Euro

In the cases referred to in points (1) (3) and (4) and (2) (2) (2), the total amount shall be allocated to the local authority.

2. In § 37, the following paragraph 18 is added:

" (18) § 14 German subsection 9 (1), subsection 2 (2) and (5), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 44/2006, at the same time as the Federal Act amending the Passport Act, BGBl. I No 44/2006, in force and apply to situations in respect of which the fee debt is BGBl, following the entry into force of the Federal Law, which amalds the passport law. I No 44/2006. Section 14, subsection 9 (1), subsection 2 (2) and (5) in the version before the Federal Law BGBl (Federal Law Gazette). I n ° 44/2006 are to be applied for the last time to situations for which the fee debt is BGBl before the entry into force of the Federal Law, which changes the passport law. I n ° 44/2006. "

Fischer

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