143. Federal law, which enacted the Federal Sports Promotion Act 2005 and amended the gambling law

The National Council has decided:

Article 1

Federal law on the promotion of sport from federal funds

(Bundes-Sportförderungsgesetz 2005-BSFG)

Section 1

General Federal Sports Promotion

Goal of the General Confederation-Sports promotion

§ 1. (1) The Federal Government shall promote sport in so far as projects of international or overall death-rich significance are concerned. This does not affect the granting of dedicated grants to local authorities.

(2) Sports projects of a whole-deadly nature are those that go beyond the area of interest of a country or several countries for themselves.

(3) In the sense of paragraphs 1 and 2 above, particular support shall be given to:

1.		Sports events of international importance, such as Olympic Games, World Championships, European Championships, or of whole-deadly significance, such as Austrian Championships;
2.		external relations of the sport of all-death-rich importance;
3.		facilities serving international or entire-life-rich sports;
4.		Establishment and maintenance of sports facilities serving international or full-time sporting purposes;
5.		Measures to implement an Austria-wide sports stave development plan from the point of view of the creation of diverse and sustainably usable play, sports and movement spaces;
6.		sports-medical and sports-scientific research, advice, examination and treatment centres of all-life-rich importance;
7.		the activities of associations within the framework of international or comprehensive sports activities;
8.		whole-mortal sports sessions;
9.		Sports publications of international and global importance;
10.		Pilot projects of an overall deadly significance.

(4) The promotion of the establishment and maintenance of sports facilities (para. 3 Z 4) is only permitted if these comply with the guidelines of the internationally recognized sports professional associations, provided that these are not only training sites, in which even without complying with these guidelines the athletic requirements are shall be taken sufficiently into account. In addition to the maintenance of the facility, the maintenance of the sports facilities includes the provision of sports instructors and trainers, as well as sports doctors.

(5) In so far as the sports facilities referred to in paragraph 4 are not used for international or comprehensive sports activities, they shall be made available for schools and other sporting events.

Types of promotion

§ 2. Promotion within the meaning of this section shall be

1.		Cash grants of a private-law nature, insofar as they are not covered by Z 2;
2.		Annuities, interest or borrowing costs, and
3.		loans or amortisatised loans,
which the Federal Government makes available to another legal entity from federal funds for an already rendered or intended service once or on an ongoing basis.

Annual Plan

§ 3. (1) For each calendar year, the Federal Chancellor has to draw up an annual plan for the use of the Federal Financial Law (Bundesfinanzgesetz) at least six weeks after the end of the calendar year, which shall be at least two years after the Federal Finance Act has been issued. Third of the funds to be included in the section of the Federal estimate for sports promotion purposes without special dedicating. Sports promotion purposes without special dedication are in particular funding for major sports events. In the annual plan, the projects to be funded shall be issued individually, with the definition of a hierarchy. Priority should be given to those projects which are necessary to ensure the safety of Austria's reputation in sport.

(2) Prior to the preparation of the annual plan, the Austrian Federal Sports Organization (BSO) is to be heard.

(3) The annual plan shall be brought to the attention of the countries immediately after it has been drawn up.

(4) The annual plan may only be amended for important reasons. Before changing the annual plan, the BSO is to be heard.

General eligibility requirements

§ 4. (1) The promotion may only be carried out if the project cannot be tackled or completed without the use of federal funds, or only if the use of the federal funds takes place and in all cases none of the projects can be carried out. there are reasonable grounds for doubt as to the feasibility of the project. In the case of a performance already provided, a promotion may only be carried out if the costs incurred by the promotional advertiser cannot be borne by him, which was unforeseeable for him and the promotion under the provisions of the provisions of the provisions of the This federal law would have been admissible even before the performance of the service.

(2) Before the grant is granted, it must be established whether the project in question has been or is to be promoted by several bodies of the Federal Government or any other public-sector body. The result of that determination shall be taken as the basis for the decision referred to in paragraph 1.

(3) The funding must be granted in the form of cash grants (§ 2 Z 1), insofar as the benefits to be funded are not eligible for grants with the aid of loans (§ 2 Z 3) or by annuities, interest or interest subsidies (§ 2 Z 2).

Conditions and conditions of support

§ 5. (1) An eligible project may be promoted under conditions and conditions which are capable of achieving the desired success by using the least federal funds. The promotion shall be subject to the use of the appropriate own resources of the sponsor and of contributions from other entities, if the realization of the project results in these computationally tangible benefits. If such an intrinsic performance of the sponsor and the contribution performance of other entities is not economically reasonable for the person concerned, and the feasibility of the project appears to be solely financially supported by the funding from federal funds. , it may exceptionally be waives of a contribution or contribution. Support may also be provided if other local authorities contribute to the project.

(2) The promotion may be made conditional upon the fact that visits to the place and the examination of the implementation of the project are permitted by the federal bodies responsible for the enforcement of this law and by means of the Implementation of the project and the use of the funding will be reported on presentation of evidence within agreed deadlines.

Investment promotion, controlling advisory board

§ 6. (1) The Federal Government may, prior to the grant of a grant for an investment project, require expert opinions of experts appointed by the Federal Government for the examination of such investment projects, in which the Investment projects are examined for their economic efficiency, expediency and economy according to federal regulations as well as with regard to securing the ongoing management of the company. The costs of the expert opinions shall be borne by the promotional advertiser. Such opinions may be required by the Federal Government only if the estimated costs of the opinions are proportionate to the total cost of the investment project and the intended support contained in the request for support. Federal funds.

(2) In the case of investment projects, the promotion can be made dependent on the establishment of an advisory board for the purpose of accompanying controlling. The more detailed rules governing the activities of the Advisory Board are to be found in the relevant funding agreement.

The Advisory Board shall at least include:

1.		a representative of the Federal Chancellery;
2.		as far as the project is also supported by other Federal services, a representative of the Federal Service concerned;
3.		a representative of the promoter;
4.		at the expense of the applicant, the originator of the opinion referred to in paragraph 1.

Loans

§ 7. (1) A loan may only be granted if its repayment appears to be guaranteed.

(2) The promotion in the form of a loan (§ 2 Z 3) may be converted in whole or in part into a cash grant (§ 2 Z 1) if the desired success is achieved or secured only by such a conversion or without fault of the Recipient of the loan cannot be repaid. This also applies if the conditions are fulfilled in accordance with § 8 Abs. 1 Z 4.

Repayment of grants, maturity of loans

§ 8. (1) In the case of the grant of the grant, it is agreed that a grant of funds (including an annuity, interest or loan grant) is to be repaid and that a loan that has not yet been repaid becomes due before the end of the period of time when the loan is not repaid.

1.		the federal government has been deceived by major circumstances, or
2.		the project has not been carried out or cannot be carried out in good time by the beneficiary's fault or cannot be carried out, or
3.		the promotion is used in violation of the law or the success of the project does not comply with conditions or conditions which do not comply with the project, or reports provided for in spite of a reasonable grace period are not reimbursed or are not provided or
4.		Circumstances arise which are likely to shatter the confidence of the Confederation in the security of the loan, and not to be provided with sufficient assurance.

(2) In the cases referred to in paragraph 1, interest shall be galvanissed from the date of payment to 2 vH per year over the basic interest rate applicable in each case in accordance with Article 1 of the Euro-Judicial Act.

Section 2

Special Federal Sports Promotion

Objective of the Special Federal Sports Promotion

§ 9. (1) The Federal Government shall promote the Federal Government from the provisions of Section 20 of the gambling law, BGBl. No 620/1989, the activities of associations within the framework of international or comprehensive sports activities as well as sports concerns of regional nature, but the latter only on the basis of overall guidelines for the whole of the country. These funds may only be made available for the promotion of Austrian sport, provided that it is not operated by professional sports associations. They serve in particular for the establishment and maintenance of sports facilities of all kinds, as well as for the loading and carrying out of competitions and courses.

(2) Subsidies within the meaning of paragraph 1 are monetary grants of a private-law nature.

(3) Associations within the meaning of paragraph 1 are in particular:

1.		the Austrian Federal Sports Organisation (BSO);
2.		the umbrella associations General Sports Association of Austria (ASVÖ), Arbeitsgemeinschaft für Sport und Bodykultur in Österreich (ASKÖ) and Sportunion Österreich (UNION);
3.		the professional associations recognised by the BSO;
4.		the Austrian Olympian Comite (ÖOC);
5.		the Austrian Federation of Disabled Sports;
6.		the Austrian Paralympic Committee;
7.		the Special Olympics Austria;
8.		the association Alpiner Vereine of Austria (VAVÖ).

Allocation of special federal sports promotion funds

§ 10. (1) The Federal Chancellor has to divide the funding according to Article 9 (1) in accordance with the Z 1 to 5:

1.		10 vH shall be divided as follows:
a)			1.4 vH to the Austrian Disabled Sports Association,
b)			0.1 vH to the Austrian Paralympic Committee,
c)			0,1 vH an Special Olympics Austria,
d)			3 vH for the purposes referred to in paragraph 4;
e)			1.5 vH to the BSO for the performance of their central coordination tasks and as a cost substitute for the performance of the tasks according to § 11,
f)			2.6 vH to the association Alpiner Vereine of Austria,
g)			1.3 vH to the Austrian Olympic Comite for the loading of Olympics;
2.		of the remaining 90 vH, 36 322 560 euro shall be divided in accordance with the rules of Z 3 and 4;
3.		one sixth of the BSO, which focuses on the establishment and maintenance of sports facilities and performance and top-class sport, in the sense of this federal law;
4.		five sixths to the extent of
a)			42 vH in equal parts to the umbrella organisations referred to in section 9 (3) (2) (2),
b)			38 vH to the Austrian Football Association (ÖFB),
c)			16 vH to the BSO for distribution to Austrian professional associations (excluding ÖFB),
d)			4 vH to the Austrian Olympian Comite;
5.		The EUR 36 322 560 in accordance with Z 2 is to be used:
a)			55 vH for support
aa)				newly recognizable and from 1. Jänner 2005 recognised professional associations and
bb)				innovative structural reforms and projects of recognised professional associations (excluding ÖFB),
b)			14 vH for structural reforms and measures in the junior research area of the ÖFB,
c)			22 vH for movement programmes, school cooperation projects and structural measures of the umbrella organisations referred to in Article 9 (3) (2) (2),
d)			9 vH for the implementation of the Federal Chancellery ' s nationwide movement initiatives.

(2) The points referred to in paragraph 1, z 2 to Z 4 and Z 5 lit. a to c shall be made up to the extent of one twelfth each on the basis of the 3% turnover shown in the balance sheet of the previous year of the Austrian lotteries, to the end of each calendar month. After the balance sheet of the previous year of the Austrian Lotteries, the monthly remaining installers must be recalculated and made available.

(3) In the case of the granting of the Special Federal Sports Promotion, § 5 (2) and § 8 (1) (1) (1) to (3) and (2) apply.

(4) The appropriations referred to in paragraph 1 (1) (1). d are to be used for innovative sports projects, for the promotion of girls ' and women's sports and for health-promoting movement measures in kindergarten and primary school age. The Federal Chancellor has to issue directives for the award of these funds.

Implementation, control and evaluation of the special federal sports promotion

§ 11. (1) The Federal Chancellor is authorized to conclude a contract with the BSO, according to which the Federal Chancellor is responsible for the settlement and control of the support pursuant to § 10 (1) Z 2 to Z 4 and Z 5 lit. a to c is transferred in the name and on behalf of the federal government. In particular, this contract is intended to determine the way in which the Federal Minister responsible for sport is responsible for carrying out the monitoring and reporting requirements to the Federal Minister responsible for sport. The reimbursement of expenses for the handling and control of the support is based on the provisions of § 10 paragraph 1 Z 1 lit. (e) to dispute.

(2) The contract to be concluded in accordance with paragraph 1 shall, in any case, contain provisions relating to the eligibility criteria, the eligibility criteria and guidelines for the control and settlement of the special federal sports promotion funds.

(3) The promotion in accordance with § 10 paragraph 1 Z 5 lit. A to c may only be granted if the promotional material for the project to be funded presents a numerical overall presentation of revenue and expenditure, as well as own resources, sponsorship revenue and any other sponsorship of third parties.

(4) The use of the special federal sports promotion funds shall be carried out in accordance with the principles of economy, economy and expediency.

(5) The report referred to in paragraph 1 shall be refunded by 31 August of the following year to the Federal Chancellor.

(6) For the evaluation of those referred to in § 10 paragraph 1 Z 5 lit. a to c funds to be wound up and to be checked by the BSO is to be set up by an evaluation commission to report to the Federal Chancellor by 31 August of the following year.

Section 3

Sports Performance Badg

§ 12. (1) The Federal Chancellor is empowered to create a full-length performance badge, provided that it is appropriate to raise sporting activities, and to define, by means of an engagement, the benefits for which a particular person is entitled to To give sports performance bads.

(2) In the case of an award, athletic performances are required in one or more sports disciplines, which, after appropriate training, can usually be expected from the group of persons to which they are referred. In accordance with the services required, various badgers for young people and adults and different levels of badgers can be provided.

(3) The sports performance bads shall be associated with names indicating the overall character of the sport and the sport in which the performance is required. The sports performance badges for a wide range of services in the field of physical exercises have to bear the name Austrian Sport and Turnabal (ÖSTA).

(4) Before the engagement, the federal states and the BSO are to be heard.

(5) The expulsion is to be published in the "Official Journal of the Wiener Zeitung".

Section 4

Admission of institutions of the Federal Schools

§ 13. If institutions of the Federal Schools are handed over against any revocation for sporting purposes, this release may be provided free of charge.

Section 5

Final provisions

Application of this Federal Act

§ 14. The provisions of this Federal Act shall not apply to the promotion of the sports exercise of federal employees as well as of members of the presence, training, militia and reserve investors by the Federal Minister responsible according to the portfolio of the Federal Ministry of the Interior.

Constitution of the Federal Minister for Finance

§ 15. If the intended General Federal Sports Promotion in individual cases exceeds the amount of 2 out of one hundred thousand of the total amount of expenditure provided for by the Federal Finance Act, it shall not be allowed until after the agreement has been made with the Federal Minister for finance. In this connection, the Federal Minister of Finance has to ensure that the fulfilment of the promised grant commitment is ensured in accordance with its due date. If his/her statement is not made within 14 days, the agreement shall be deemed to have been established.

Referral to other legislation

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

Personal names

§ 17. In the case of the personal names used in this Federal Act, the chosen form is valid for both sexes.

Enforcement

§ 18. With the enforcement of this federal law are entrusted:

1.		as regards Section 13 of the Federal Minister for Education, Science and Culture;
2.		as regards Section 15 of the Federal Chancellor (Federal Chancellor) in agreement with the Federal Minister for Finance;
3.		with regard to the other provisions of the Federal Chancellor.

In-force pedals

§ 19. (1) This federal law shall enter into force 1. Jänner 2006 in force.

(2) With the entry into force of this Federal Act, the Federal Act of 12 December 1969, concerning funding of sport from federal funds (Bundes-Sportförderungsgesetz), Federal Law Gazette (Bundes-Sportförderungsgesetz), BGBl. No. 2/1970, idF BGBl. I No 136/2004.

Article 2

Amendment of the Gambling Act

The Federal Act of 28 November 1989 on the Rules of Gambling Act (Gambling Act-GSpG), BGBl. N ° 620/1989, as last amended by the Federal Law, BGBl. I No 105/2005, is amended as follows:

1a. § 17 (2) shall be deleted.

1b. In § 20, the penultimate sentence and the last sentence are replaced by the following sentences:

" Up to the current balance of the previous year, the amount of the respective pre-forecast balance sheet will be used as the basis for accruing to the recipients of subsidies in installable monthly installers. After the balance sheet of the previous year of the Austrian Lotteries, the monthly remaining installers shall be recalculated and determined. "

1c. In § 50, after the word "Security Service" the phrase "and the institutions of the discharge authority" inserted.

(2) The following paragraph 19 is added to § 59:

" (19) § 20 in the version of the Federal Law BGBl. I n ° 143/2005 is 1. Jänner 2006 in force. "

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