48. Federal Law, with which the Criminal Law of the Crime, the Vaccine Bill Act, the Army Supply Act, the War Sacrifice Supply Act 1957, the Victims ' Welfare Act and the Federal Employment Commissions Act are amended. (Supply Law Amendment Act 2005-VRÄG 2005)

The National Council has decided:

Article 1

Amendment of the Crime Rights Act

The Crime Victim Law, BGBl. No 288/1972, as last amended by the Federal Law BGBl. I No 150/2002, is amended as follows:

The following Article I, together with the heading, shall be inserted after the title:

" Article I

(constitutional provision)

The release, amendment and cancellation of the rules relating to the compensation for victims of crime and the enforcement of these rules are federal matters. They may be provided directly by federal authorities within the meaning of Article 102 (2) B-VG. "

(2) In accordance with Article I, the heading "Article II" inserted.

3. § 1 together with the headline is:

" Eligibility Circle

§ 1. (1) Austrian citizens shall be entitled to assistance if it is likely that they will be accepted

1.		have suffered a bodily injury or damage to health by means of an unlawful and intentional act which has been threatened with a custodial sentence of more than six months, or
2.		have suffered a personal injury or damage to health as an uninvolved person in connection with an act within the meaning of Z 1, unless claims under the Official Liability Act, Federal Law Gazette (BGBl). No 20/1949,
and they have thus been able to heal costs or have their employability diminished. If Austrian citizenship is acquired only after the act within the meaning of Z 1, the aid shall only be granted if this act is carried out domestily or on an Austrian ship or aircraft (par. 6 Z 1).

(2) Assistance shall also be provided if:

1.		the offence under penalty has been committed in the state of insolvency or the offender has acted in an apostate emergency,
2.		the criminal prosecution of the perpetrator is inadmissible on account of his death, of limitation or of any other reason, or
3.		the perpetrator is not known or cannot be prosecuted for his absence.

(3) In order to reduce the ability to work, assistance shall only be provided if:

1.		this condition is likely to last at least six months, or
2.		by the act according to paragraph 1 a serious bodily injury (§ 84 para. 1 StGB, BGBl. No 60/1974).

(4) If the act within the meaning of paragraph 1 results in the death of a person, then the surviving survivors, who were responsible for the maintenance of the law in accordance with the law, shall be provided with assistance if they are Austrian citizens and by means of the Death of the maintenance has escaped. The assumption of costs in accordance with § 4 (5) shall be effected irrespective of the existence of an actual maintenance fee.

(5) Children shall be assistance in accordance with para. 4 to the completion of the 18. Life year. In addition, they shall also be able to provide assistance if they:

1.		in the case of scientific or other regular education or vocational training, it is not possible to obtain itself until the training has been completed in order to complete the training, but at the latest until the completion of the 27. Life Year. Children, one of them in § 3 of the Law on the Promotion of Scholarship 1992, BGBl. No. 305, mentioned institution, the assistance is only due if it seriously and purposefully in accordance with § 2 (1) (lit). b of the Family Law Balancing Act 1967, BGBl. No. 376, in the version of the Federal Law BGBl. No 311/1992;
2.		in the event of physical or mental infirmary being permanently incapable of providing the support, provided that the infirmary before completion of the 18. During the period of the year, or during the period referred to in Z 1, it has occurred and as long as this condition takes place.

(6) Assistance shall be provided to Union citizens and nationals of the Contracting Parties to the Agreement on the European Economic Area, in the same way as Austrian nationals, if the act referred to in paragraph 1

1.		in the territory of the country or on an Austrian ship or aircraft, irrespective of where it is located, or
2.		has been committed abroad, the persons concerned shall have their legal habitual residence in Austria and the act was committed on the grounds of its reasoning.

(7) Assistance shall also be provided to the persons not referred to in paragraphs 1 and 6 if the act referred to in paragraph 1 is committed after 30 June 2005 in the territory of the country or on an Austrian ship or aircraft, irrespective of where it is located. and they were legally resident there at the time of the act.

(8) A personal injury and damage to health within the meaning of paragraph 1 are the damage to a body worn by the body, in particular a pair of spectacles, contact lenses or a dental prosthesis, if the damage caused to the damage is caused by the damage caused by the damage to the body. The act referred to in paragraph 1 was committed after 30 June 2005. The replacement and the repair are based on § 5 para. 2. "

4. In § 2, the point at the end of the Z 8 is replaced by a stroke point and the following Z 9 is added:

" 9.		Income-related additional benefit. "

5. In § 3 (1), the expression "§ 1 (4)" by the expression "§ 1 (3)" and the expression " Section 1 (6) " by the expression "§ 1 (5)" , in Sections 3 (2), 4 (1) and 5 (5) (5) (1), (5a) (1), (6), (7), first sentence, 8 (1), (3) and (12), first sentence, respectively, the expression "§ 1 (2)" by the expression "§ 1 (1)", in Sections 4 (1), 5 (1) and 8 (2) respectively of the Expression "§ 1 (5)" by the expression "§ 1 (4)" and in Section 5 (4) of the Expression "(§ 9a)" by the expression "(§ 9d)" replaced.

6. In accordance with § 3, the following § 3a together with the heading is inserted:

" Income-dependent additional benefit

§ 3a. In order to replace the earnings and maintenance fees, an additional income-dependent additional benefit is due to the extent to which the substitute performance and the income within the meaning of § 292 ASVG correspond to the level of the respective family status of the applicant. The current set of judges in accordance with § 293 of the ASVG is not reached, provided that there is no claim to a compensatory allowance. In the determination of income from agriculture and forestry, the following month shall be considered as the reference date for the employment of the following month, in the case of the surviving dependants of the following month's death on the date of death of the person responsible for the death of the person who was damaged. Monthly. The property reference values shall also be used when copies of the relevant unit value modestals are no longer available. "

7. The following sentence shall be added to section 4 (2):

"In accordance with this Federal Act, it is necessary to assume liability for damages within the meaning of section 1 (1) of the law-and statutory costs involved in terms of costs, including prescription fees."

8. The following sentence shall be added to § 4 (5):

"An assumption of costs up to the maximum extent mentioned shall also take place, provided that the institution of the health insurance reimburse costs in the framework of the aid for the election of the Wahlarzthilfe."

(9) The following sentence is added to section 5a (2):

"Paragraph 4 (2), last sentence, shall be applied mutatily even if the assistance is to be provided by the institution of the social security system."

10. In accordance with § 7, the following § 7a with headline is inserted:

" Provisional orders

§ 7a. (1) In the event of a proven urgent need, the Federal Office of Social Affairs and Disabled Persons may, before the conclusion of the investigation procedure, grant applicants advance payments to the cash benefits to be granted under this Federal Act, if it is probable that the declared claim is justified. Under the same conditions, those who are not insured as insured persons in a sickness insurance institution may be provisionally assigned to the territorial health insurance fund of their place of residence in order to carry out the health care.

(2) The advances granted in accordance with paragraph 1 shall be set off in the case of recognition of the right to the benefits due. "

11. In the title to § 9 and in § 9 (1) the expression "Search for help" by the expression "Applications for assistance", the expression "the request" by the expression "the request" and the expression "it" by the expression "er" , in Section 9 (3) of the Expression "Search" by the expression "Request" replaced.

Article 9 (2) reads as follows:

"(2) The Federal Office for Social Affairs and the Disabled, the second and final instance of the Federal Employment Commission, shall decide on applications for assistance pursuant to § 2 above."

13. According to § 9, the following § § 9a to 9c shall be inserted together with the headings:

" Access to compensation in cross-border cases within the European Union (implementation of Council Directive 2004 /80/EC on compensation for victims of crime)

§ 9a. (1) Where an intentional act of violence is committed after 30 June 2005 in another Member State of the European Union, the person applying for compensation who has his habitual residence in Austria shall be entitled to the request for: To contribute to the Federal Office of Social Affairs and the Disabled as a support authority by the State of the crime of the event. The Federal Office of Social Affairs and the Disabled has to provide the applicant with the necessary application forms, on request, to provide general information and information on the application of the application and the application, together with any supporting documents. and to submit documents as soon as possible to the decision-making authority. In the case of the request for additional information from the decision-making authority, the Federal Office for Social Affairs and the Disabled shall, if necessary, provide the applicant with general instructions on how to comply with the request and shall, at the request of the Applicant will continue to direct the information directly to the decision-making authority as soon as possible. The Federal Office of Social Affairs and the Disabled has, on the basis of a decision taken by the decision-making authority, to consult the applicant, witness or expert and to inform the decision-making authority of the outcome of the hearing.

(2) If assistance is requested under this Federal Act to a support authority of another Member State, the Federal Office of Social Affairs and Disabled Persons as the decision-making authority shall have as soon as possible after receipt of the application of the To confirm the receipt of the application and to provide information on the authority responsible for the decision of the Federal Office for Social Affairs and Disability and, if possible, the approximate decision-making time. The Federal Office of Social Affairs and the Disabled has to send the decision on the application to the support authority.

Procedure

§ 9b. (1) The provisions of the General Administrative Procedure Act 1991 shall apply to the procedure in so far as this Federal Act does not determine the deviation of the law.

(2) The obligation to issue certificates for the re-measurement of assistance in accordance with § 2 Z 1, 7 and 9 as a result of changes to this Federal Act or in the event of the adjustment of these benefits or on the reassessment of assistance as a result of legal provisions Changes in pensions, pensions or other benefits, or a pension or pension adjustment, or the adjustment or alteration of income and valuation rates in accordance with § 292 of the General Social Insurance Act shall apply only if this is not the case. the person entitled to benefit within a period of two months from the date of payment of the modified performance.

(3) Act concerning the assistance which is due under this Federal Act (§ 2) shall be issued in writing. In matters of orthopaedic care, decisions may also be issued orally.

(4) The Federal Office for Social Affairs and the Disabled and the Federal Employment Commission, which are in conflict with the substantive provisions of this Federal Law, suffer from an error that is threatened with invalidity.

(5) In the event of an amendment or correction of an act of its own motion in accordance with the provisions of Section 68 of the General Administrative Procedure Act 1991 or in the case of the omission of a decision as a result of such a disposition, the benefits shall be: to repay the beneficiaries from the date of their due date (§ 10), but at the latest for a period of three years. The decisive date for the calculation of this period shall be the release of the change or habit. A refund of services by the recipient does not take place.

(6) With regard to income-related benefits, § 59 of the Army Supply Act is to be applied.

Legal remedies against the Federal Office for Social Affairs and the Disabled

§ 9c. (1) In all cases in which the decision of the Federal Office for Social Affairs and the Disabled is to be decided on applications for assistance, the benefit and any other parties shall be entitled to the right of appeal to the Federal appeals commission.

(2) In the case of charges which are created on the basis of stored data by way of automation-aided data processing without carrying out a further investigation procedure, the compensation advertiser shall be entitled to raise an idea. The Federal Office of Social Affairs and the Disabled has to decide on the matter again after examination of the legal and legal situation. The performance has suspensive effect.

(3) The vocation and the performance shall be written in writing or in accordance with the technical means available, within six weeks of the date of delivery or oral delivery of the date of the decision, including telegraphic, telex, telex, to the Federal Office of Social Affairs and the Disabled in any other technically possible way. If an appeal is submitted to the Federal Appointment Commission within this period, this shall be deemed to have been submitted in good time; the Federal Commission of Appeal shall immediately inform the Federal Office of Social Affairs and Social Affairs of the appeal lodged with the Federal Commission of Appeal. Disabled persons. The pleadings can also be replaced by a declaration to be issued by the Federal Office for Social Affairs and the Disabled. "

14. The previous § 9a and title shall be given the title of paragraph "9d" .

15. § 10 (1) and (3) reads:

" (1) Services in accordance with § 2 Z 1, 7 and 9 may only be provided from the month in which the conditions are fulfilled, provided that the application within six months of the injury or damage to health (§ 1 para. 1) or after the death of the damaged person (§ 1 (4)). For the services referred to in § 2 Z 2 to 6 and Z 8 this period shall be two years. If an application is made only after the expiry of the time limit laid down in each case, the services provided for in § 2 Z 1 to 7 and 9 shall be performed at the beginning of the month following the application. In the case of first-time recognition of the replacement of the earnings and maintenance payments, it must also be decided on its own account whether and to what extent a income-dependent additional benefit is to be granted. Applications for benefits pursuant to § 4 (5) shall not be subject to a deadline.

(3) With regard to the display and replacement obligation of the beneficiary, § § 57 and 58 of the Army Supply Act shall apply. "

16. The previous § 10 para. 4 is deleted, the previous § 10 para. 5 receives the sales designation "(4)" .

17. § 11 para. 2 reads:

" (2) All acts, submissions, attainments and other documents relating to legal transactions, as well as certificates in matters relating to the execution of the crime of crime victims, including the care measures, to the extent that these are the case with the Authorities responsible for crime victims are subject to fees and administrative charges regulated by federal law, with the exception of judicial and judicial administrative charges under the court fees act, BGBl. No. 501/1984. '

18. The following paragraph 3 is added to § 11:

"(3) The fees for the delivery of the compensation payments made in cash pursuant to this Federal Act shall be borne by the Federal Government."

§ 14a reads:

" § 14a. (1) If special hardships arise from the provisions of this Federal Law, the Federal Minister for Social Security, Generations and Consumer Protection may, in agreement with the Federal Minister for Finance, on request or on his behalf. provide compensation.

(2) The Federal Office of Social Affairs and the Disabled has to measure and make the necessary changes in accordance with the provisions of this Federal Law within the framework of the Act of the Federal Minister for Social Security, Generations and Consumer Protection. Authorisation shall be carried out.

(3) The applicant shall have the right to appeal to the Federal Employment Commission and to the performance in accordance with § 9c against the federal office for social affairs and the disabled person's office pursuant to paragraph 2 of this article. "

(20) The following paragraphs 3, 4 and 5 are added to § 15b:

" (3) For those pursuant to § § 1 Para. 4, 2 Z 9 and 4 para. 5 in the version of the Federal Law BGBl. No 48/2005 beneficiary persons shall begin the course of the Fristenlauf pursuant to § 10 (1) from the entry into force of this Federal Act, provided that the act was carried out in the sense of Section 1 (1) before that date.

(4) On the basis of claims which have been granted up to now in accordance with § 1 (2) and (7) Z 2, the Federal Law Gazette (BGBl) shall also be subject to the entry into force of the Federal Law. I n ° 48/2005 to provide the benefits under this Federal Act.

(5) § 10 para. 1 last sentence is also to the before the entry into force of the Federal Law BGBl. No 48/2005 for failure to comply with § 4 para. 5. These procedures shall be re-recorded in an amtsvous manner. "

21. In accordance with § 15b, the following § 15c is inserted:

" § 15c. The proclamation of the Federal Minister for Social Administration of 13 September 1973 concerning the engagement of aid to victims of crime, BGBl. No 497/1973, is hereby repealed. The expulsion of this proclamation lives on 1 September 1972, which is published in the Federal Law Gazette under BGBl. No 350/1972, has not been reopened. The claims which have been granted so far on the basis of the expulsion are valid from the entry into force of the Federal Law BGBl. I n ° 48/2005 as public-law claims. It is only after the entry into force of the Federal Law BGBl. I n ° 48/2005 on claims relating to periods prior to that date is still applicable to the procedure and the decision to continue to apply the legal situation before the entry into force. At the time of the entry into force of this federal law on the basis of the engagement of pending civil proceedings against the federal government are to be brought to an end by the civil courts. "

22. § 16 (2) reads:

" (2) This federal law shall apply to acts within the meaning of Section 1 (1) of this Act, which shall be adopted in accordance with the 25. "October 1955 was set."

23. § 16 (3) deleted.

(24) The following paragraph 8 is added to § 16:

" (8) 1. (constitutional provision) Article I in the version of the Federal Law BGBl. I No 48/2005 enters into force on 1 July 2005.

2.		The title referred to in Article I, § § 1 including the title, 2 Z 8 and 9, 3 para. 1 and 2, 3a together with the title, 4 para. 1, 2 last sentence and para. 5, 5 para. 1 and 4, 5a para. 1 and 2 last sentence, 6, 7 first sentence, 7a with heading, 8 para. 1 Z 3 and Subsection 2, 9 (1) to (3) including the title, 9b to 9d including the headings, 10 para. 1, 3 and 4, 11 para. 2 and 3, 12 first sentence, 14a, 15b, paragraphs 3 to 5, 15c and 16 para. 2 in the version of the Federal Law BGBl. No 48/2005, as well as the repeal of the previous § § 10 para. 4, 16 para. 3 and the proclamation of the Federal Minister for Social Administration of 13 September 1973 concerning the engagement of assistance to victims of crime, BGBl. No 497/1973, enter into force on 1 July 2005.
3.		§ 9a together with the title in the version of the Federal Law BGBl. I n ° 48/2005 comes with 1. Jänner 2006 in force. "

Article 2

Amendment of the Vaccine Bill

The Vaccine Damage Act, BGBl. No. 371/1973, as last amended by the Federal Law BGBl. I No 150/2002, is amended as follows:

1. § 2 para. 1 lit. c Z 1 is:

" 1.		Damage pension according to § § 21 and 23 to 25 HVG. If, due to the age in which the injury was suffered, no training can be found in accordance with § 24 (8) HVG, the basis of assessment according to the classification in the upscale service (remuneration scheme I, remuneration group b including administrative service allowance) and for periods after 1. January 1999 according to the remuneration scheme v (remuneration group v2, valuation group v2/ 1) to be calculated in accordance with the contract law of the contract law 1948-VBG; "

2. § 3 (3) reads:

§ § 2, 31a, 54 to 60, 65 to 67, 69 to 72, 73a, 82, 83 (1), 85 (1), first sentence, and (2), 86, 87, 87a (1) to (3), 88 (3), 92 to 94a and 98a (7) and 8 HVG (HVG) shall apply mutaly to the "

3. In § 3 (5) the term " "or a compensatory allowance in accordance with the provisions of the social insurance legislation" .

4. § § 4 and 4a shall be deleted.

5. According to § 8d the following § § 8e and 8f are inserted:

" § 8e. In accordance with § § 4 or 4a rejected claims for compensation as well as proceedings in which an application for withdrawal took place in respect of these provisions, are ex officiated for the period from the in-force of the Federal Law BGBl. I No 48/2005. If the persons benefiting from the removal of § § 4 and 4a submit a request for the award of benefits under this Federal Act by 30 June 2006, they shall be deemed to have received the following conditions at the earliest from the entry into force of the Federal Law BGBl. I No 48/2005.

§ 8f. (1) § 2 para. 1 lit. c Z 1 second sentence is also to be applied to those vaccine victims who are at the time of the entry into force of the Federal Law BGBl. I n ° 48/2005, the 30. They have already completed their life.

(2) If, on the basis of the provision of § 2 para. 1 lit. c Z 1 second sentence in the version of the Federal Law BGBl. I n ° 48/2005, for the time before the entry into force of the Federal Law BGBl. I n ° 48/2005, and taking into account the annual fictitious adjustments, it would be possible to reduce the increase in performance from the entry into force of this federal law, the difference is to be left as compensation. This compensation is in the case of future increases in performance in accordance with § 2 para. 1 lit. c Z 1 second sentence accordingly to be reduced. If a change occurs in the legal or legal situation which would result in the reduction or termination of the benefit in the place where the compensation was granted, the compensation shall be reduced or adjusted accordingly. "

6. The following paragraph 6 is added to § 9:

" (6) § § 2 para. 1 lit. c Z 1, 3 para. 3 and 5, 8e and 8f in the version of the Federal Law BGBl. I n ° 48/2005 and the repeal of Sections 4 and 4a shall enter into force on 1 July 2005. '

Article 3

Amendment of the Army Supply Act

The Army Supply Act, BGBl. No 27/1964, as last amended by the Federal Law BGBl. I n ° 156/2004, shall be amended as follows:

1. In § 21 (2), second sentence, the expression "The Federal Ministry" by the expression "the Federal Minister" and the expression "The Federal Ministry" by the expression "the Federal Minister" replaced.

(2) § 46b (9) does not include the expression "or a compensatory allowance in accordance with the provisions of the social insurance legislation" .

(2a) § 99 (11) shall be replaced by the sales designation "(10)" .

(3) The following paragraph 11 is added to § 99:

" (11) § § 21 (2) second sentence and 46b (9) in the version of the Federal Law BGBl. I n ° 48/2005 are 1. Jänner 2005 in Kraft. "

Article 4

Amendment of the War sacrificial Supply Act 1957

The War Sacrifice Supply Act 1957, BGBl. No. 152, as last amended by the Federal Law BGBl. I n ° 156/2004, shall be amended as follows:

1. § 12 (3) last sentence reads:

"These amounts shall be rounded in the appropriate application of Section 63 (3)."

2. § § 35 (3) and 46 (4) shall be added in each case the following sentence:

"These amounts shall be rounded in the appropriate application of Section 63 (3)."

3. In § 63 (6) the term " "or a compensatory allowance in accordance with the provisions of the social insurance legislation" .

(3a) Section 115 (9) shall be replaced by the sales designation "(8)" .

(4) The following paragraph 9 is added to § 115:

" (9) § § 12 (3), last sentence, 35 (3), 46 (4) and 63 (6) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 48/2005 are 1. Jänner 2005 in Kraft. "

Article 5

Amendment of the Victim Welfare Act

The victims ' welfare law, BGBl. No. 183/1947, as last amended by the Federal Law BGBl. I n ° 41/2002, shall be amended as follows:

1. § 11 (6) reads:

" (6) widows (widows), life-endangerers (life companions) and orphans by holders of an official certificate immediately preceding death in respect of a victim's pension in accordance with a reduction in the earning capacity of at least 60%, of a carer ' s pension or any other care-related benefit, without the right to obtain a certificate of official status, the survivor's pension as referred to in paragraph 3 and the maintenance pension as set out in paragraph 5. "

2. In Section 11a (5), the term " "or a compensatory allowance in accordance with the provisions of the social insurance legislation" .

3. In § 11c (2), the expression "from the responsible Finance State Directorate" by the expression "from the Federal Minister of Finance" replaced.

4. The following paragraph 9 is added to § 19:

" (9) § 11 paragraph 6 in the version of the Federal Law BGBl. I n ° 48/2005 comes with 1. Jänner 2002, § § 11a (5) and 11c (2) in the version of the Federal Law BGBl. I n ° 48/2005 are 1. Jänner 2005 in Kraft. "

Article 6

Amendment of the Federal Employment Commissions Act

The Federal Appeals Commission Act (BBKG), BGBl. I No 150/2002, is amended as follows:

1. § 2 reads:

" § 2. The Federal Appeals Commission decides in second and last instance in matters of the War Victims Supply Act 1957 (§ 78 KOVG 1957), of the Army Supply Act (§ 74 HVG), of the Vaccine Bill Act (§ 3 Vaccine Bill Act), of the The law on crime victims (§ 9 para. 2 VOG), the Act on the Protection of Persons with Disabilities (§ 19a paragraph 1 BEinstG) and the Federal Disabled Persons Act (§ § 38 (3) and 45 (3) BBG). "

2. In the second sentence of § § 3 (2) and 4 (2) and (5), the word sequence shall be "the Army Supply Act and the Vaccine Damage Act" through the phrase "the Army Supply Act, the Vaccine Bill Act and the Crime Sacrifice Act" replaced.

3. In Section 4 (4), the phrase "In matters relating to the exhibition of disabled passports according to § 40 of the Federal Disabled Persons Act" through the phrase "In matters relating to the retribution of the standard consumption levy and the issuance of disabled passports according to § § 36 and 40 of the Federal Disabled Persons Act" replaced.

(4) The following paragraph 4 is added to § 11:

" (4) The members of the Senate responsible for the matters of the Crime Crime Act shall be appointed for the first period of operation until 31 December 2007. Section 4 (1) shall apply for each further operating period. "

5. In accordance with § 11, the following § 11a is inserted:

" § 11a. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. "

6. The previous § 13 receives the sales designation "(1)" . As a new paragraph 2, the following is added:

" (2) 1. § 2 with the exception of the matters of the Crime Law Act as well as § § 4 para. 4 and 11a in the version of the Federal Law BGBl. I n ° 48/2005 are 1. Jänner 2005 in force.

2.		§ 2 with regard to the matters of the Criminal Law, Section 3 (2), second sentence, § 4 (2) and (5) and § 11 (4) in the version of the Federal Law BGBl. I n ° 48/2005 enter into force on 1 July 2005. '

Fischer

Bowl