151. Federal Law, with which the Security Police Act, the Border Control Act, the Federal Law on the Leadership of the Federal Gendarmerie in the Area of the Countries and the Disposal of the Guard of the Federal Police and the Federal Gendarmerie and the Civil servants ' law of law (SPG-Novelle 2005)

The National Council has decided:

Article 1

Amendment of the Security Policy Act

The Security Police Act, BGBl. No 566/1991, as last amended by Federal Law BGBl. I No 104/2002 and BGBl. I No 97/2003, shall be amended as follows:

1. § 5 (2) reads:

" (2) Public security bodies shall be members of the public security service

1.		of the guard body of the Federal Police,
2.		the community watchmaking body and
3.		the legal service of the security authorities, if these institutions are authorized to exercise direct command and enforcement authority. "

2. In Section 5a (3), in Z 1 of the parenthesis "(§ 5 (2) (1) to (3) and (5))" by the parenthesis expression "(§ 5 (2) (1) and (3))" replaced and in Z 2 of the parenthesis "(§ 5 (2) (4) and (5))" by the parenthesis expression "(§ 5 (2) (2) and (3))" replaced.

3. In Section 7 (2), the term " "Landesgendarmeriekommando" by the term "State Police Command" replaced.

4. In § 7, the following paragraph 4a is inserted:

" (4a) The affairs of the internal service of the security directorates shall be concerned by the security directorates themselves. In addition, they are responsible for the staffing and employment issues of the Federal Police Directorates established in their local area of competence. If this is in the interest of expediency, purity, simplicity and cost savings, the Federal Minister for Home Affairs can transfer such matters to the Federal Police Directorates with a regulation on self-employed concern. "

5. § 8 (1) reads:

" (1) At the head of a federal police directorate, the police director, at the head of the Federal Police Directorate Vienna, is the police chief. The district or city police officers and their police inspections are subject to the federal police directorates in addition to Vienna in the errands of the security administration. The Executive Service shall be provided by the Police Director (Chief Police Officer) and the assigned, allotted or directly subordinated bodies of the Public Security Service. "

6. § 8 (2) reads:

"(2) The affairs of the internal service of the Federal Police Directorates shall be concerned by them, with the exception of the matters regulated in Section 7 (4a)."

7. § 9 (1) last sentence reads:

"The district police and police inspectors and their police inspectors are subject to these in the concern of the security administration."

8. In § 9 (4), the term "Bundesgendarmerie" by the term "Bundespolizei" and the term "District Gendarmerie Command" by the term "District or City Police Command" replaced.

9. § 10 together with headline reads:

" Police Commands

§ 10. (1) For each federal state, a provincial police command, the district and city police command as well as their police inspections are subordinated.

(2) The affairs of the internal service, in particular

1.		the establishment and establishment of services and organisational units, their systems, including the performance-based management of the executive service;
2.		the organisation and management of the general strip and surveillance service;
3.		on the basis of official orders or other delegated tasks, the implementation of priority and special operations, as well as other monitoring measures,
4.		the establishment of the service period,
5.		participation in education and training,
6.		-human and service-related matters; and
7.		the affairs of the budget, the logistics and infrastructure
shall be concerned by the provincial police forces in direct subposition under the Federal Minister for Home Affairs. "

(3) In Vienna, the affairs referred to in paragraph 2 (2) (6) and (7) are in the hands of the police president (Section 7 (5)).

(4) Where this is in the interest of expediency, simplicity, simplicity and cost savings, the Federal Minister of the Interior may, with the exception of the district and district referred to in paragraph 2 (1) (1) (1) (1), City police commentators with a regulation on self-employed errands or for joint errands with the respective State Police Command; in addition, he can be assigned to the State Police Command Vienna matters of subsection 2 Z 6 and 7 to the Self-erasure.

(5) The affairs of the internal service must be held in accordance with the authority of the security authorities in the context of the administration of the security administration and must not stand in the way of it.

(6) To the extent that data are used for the internal service for automation, the respective police command is the client (§ 4 Z 4 DSG 2000). "

10. § § 10a and 10b shall be deleted and § 11 shall be accompanied by headline:

" Security Academy

§ 11. (1) The security academy is the education and research facility for staff of the Federal Ministry of the Interior.

(2) The security academy shall be responsible for the implementation of the basic training and training of teaching and management staff for the staff referred to in paragraph 1. The implementation of other training measures for these staff members is reserved for the security academy only if this is established by the Federal Minister for Home Affairs by Regulation. In accordance with the available funds, the Security Academy is also entitled to create and offer educational offers for third parties, provided that the offer is related to the performance of the tasks of the security academy, as well as such To carry out educational offers against cost replacement.

(3) Apart from the tasks set out in paragraph 2 above, the Security Academy is responsible for the following tasks:

1.		the management and coordination of other training programmes for the staff referred to in paragraph 1;
2.		the management of the activities of the educational centres;
3.		the preparation of the release of regulations as referred to in paragraphs 2 and 4; and
4.		the controlling of the educational measures.

(4) More detailed provisions on access to education, including the objectification of the selection of participants, and the setting of the rate of reimbursement shall be laid down by the Federal Minister for the Interior by Regulation.

(5) The Security Academy is responsible for the perception, coordination and supervision of research tasks, which are important for the Federal Ministry of the Interior. In addition, the security academy is responsible for the perception and promotion of international cooperation in its areas of responsibility, in particular the contact and exchange of information within the framework of the European Police College and the Central European Union. Police Academy, including the performance of the tasks of the Central Coordination Office of this institution, as well as cooperation with educational institutions of the local authorities, the other public bodies and the bodies of the these operated institutions.

(6) The management of the Security Academy is the responsibility of the Director, who shall be advised by an Advisory Board. The Director shall be appointed by the Federal Minister of the Interior after hearing the Advisory Board. The provisions of the 1989 Tendering Act, BGBl. No 85, shall apply.

(7) The Advisory Board shall consist of ten members, which shall be appointed by the Federal Minister of the Interior in accordance with the principles of a representation of the relevant responsibilities and interests. He has the task of advising the Federal Minister of the Interior and the Director in all matters of the Security Academy and can make suggestions regarding the methodical and content-related design of courses, the introduction of new Teaching courses, the coordination of courses for a longer period of time, and measures to ensure a uniform assessment of examinations. The Federal Minister of the Interior has to lay down more detailed provisions on the composition, tasks and management of the Advisory Board. In particular, the Advisory Board is to be heard at:

1.		Appointment of the Director,
2.		design of the teaching offer,
3.		Introduction of new courses,
4.		Determination of research priorities and
5.		Release of Regulations pursuant to paragraphs 2 and 4. "

11. § 13 together with headline reads:

" Law Firm

§ 13. (1) The formal treatment of the transactions to be provided by the Security Directorates, the Federal Police Directorates and the Police Commons (§ 10) shall be determined by the Federal Minister of the Interior in a uniform law governing body. For the Federal Police Directorate Vienna, where this is necessary because of the size of this authority, deviations from the rules of law otherwise applicable to the Federal Police Directorates may be provided for.

(2) The Federal Minister of the Interior, the Security Directorates, Federal Police Directorates and Police Commons are authorized to perform legally delegated tasks for the documentation of official acts and the administration of Service parts of automation-assisted data processing. For these purposes, they may use data relating to natural and legal persons, as well as items to which the process to be logged relates, such as, in particular, date, time and location, vehicle data, subject and file number, including processing and/or processing and Records as well as names, role of the person concerned, gender, former names, alias data, nationality, date of birth, place of birth, address of residence and other data used for the accessibility of the person. As far as is necessary, sensitive data (§ 4 Z 2 DSG 2000) as well as data within the meaning of § 8 paragraph 4 DSG 2000 may also be used. The eligibility of data from the total quantity of stored data only on the basis of the name and for sensitive data must not be provided, but rather for the selection a further date referred to the logged facts must be stated. "

12. In § 14 (4), the term "District Gendarmerie Command" by the term "District Police Command" replaced.

13. § 16 para. 2 Z 1 reads:

" 1.		according to the Criminal Code (StGB), BGBl. No 60/1974, except for the offences referred to in § § 278, 278a and 278b of the StGB, or "

14. In § 35 (1) (7), the point shall be replaced by a stroke point and the following Z 8 shall be added:

" 8.		if this is necessary for the imposition of an entry ban in a protection zone and the enforcement of it (Section 36a (3) and (4)). "

15. In accordance with § 36, the following § 36a and title is inserted:

" Protection zone

§ 36a. (1) The safety authority may establish a specific place in which predominantly minor persons, to a particular extent, do not directly oppose criminal acts in accordance with the Penal Code, the Prohibition Act or the Court of Law. criminal acts under the Suchtmittelgesetz (addictive act) are threatened with a regulation on the protection zone. The protection zone shall comprise a protection object, in particular schools, kindergartens and nursery schools, and a precisely defined area within a radius of not more than 150m around this protection object and shall be effective in accordance with the requirements of an effective To lay down protection.

(2) Regulations referred to in paragraph 1 shall contain the exact name of the protection zone in its local and temporal scope and the date of its entry into force. Their effectiveness shall be limited to certain periods of time if this does not affect the guarantee of effective protection. They are to be made known in a way that appears to be suitable for reaching as wide a circle as possible of potentially affected persons. They must be repealed as soon as there is no risk of danger, and in any event six months after they become effective, they shall cease to be effective.

(3) In the area of a protection zone referred to in paragraph 1, the bodies of the Public Security Service are empowered to adopt a human being, on the basis of certain facts, in particular as a result of previous dangerous attacks, that he/she shall be deemed to have been criminal acts in accordance with the Criminal Code, the Prohibition Act or judicial offences under the Suchtmittelgesetz (Suchtmittelgesetz) are to be applied, to be removed from the protection zone and to prohibit the entry of the protection zone. The person concerned shall be aware of the duration of such prohibition. The exercise of coercive power to enforce this prohibition shall be inadmissible. If it can credibly make legitimate interests for the necessity of entering the protection zone, it should be taken into consideration accordingly.

(4) The order of an entry ban shall be notified to the safety authority without delay and shall be reviewed by the safety authority within 48 hours. If the conditions for the order of prohibition are no longer met, the safety authority shall immediately repeal it with regard to the person concerned and inform the person concerned of the cancellation. In any case, the prohibition on entering ends with the expiry of the 30. Day after his order. "

16. In § § 38a (4) and 56 (1) (3) the reference shall be made in each case. "§ 25 (2)" by reference "§ 25 (3)" replaced. "

17. § 53 (1) (2a):

" 2a.		for extended hazard research (§ 21 para. 3) under the conditions of § 62a (7) ; "

18. In § 54, the following paragraph (4b) is inserted:

" (4b) The security authorities are empowered to process personal data for the purpose of the search (§ 24 SPG) by means of the use of characteristic recognition devices. The application shall be limited to a maximum of one month. The data shall be deleted as soon as they are no longer needed for the purpose of concrete search. "

Section 54 is added to the following paragraph 6:

" (6) It is to be feared, on the basis of certain facts, in particular because of previous dangerous attacks, that dangerous attacks against life, health or property of people may occur in public places (Article 27 (2)); The security authorities for the prevention of such attacks identify those present with image and sound recording equipment. They have, however, previously announced this in such a way that it becomes known to as wide a circle as possible of potential victims. The data obtained in this way may also be used for the defence and reconnaissance of dangerous attacks which occur in these public places, as well as for the purpose of punchment (§ 24). Insofar as these records are not required for further prosecution on the basis of a suspicion of criminal acts (§ 22 para. 3), they shall be deleted after at least 48 hours. "

20. In Article 56 (2), the following sentence is added:

" From logging except for automated queries in accordance with § 54 para. 4b, unless it is a hit case. "

21. In § 57 (3), second sentence, after the word "Security Management" the phrase " , in matters concerning the award (assurance) of citizenship " inserted.

22. In § 59 (2), the following sentence is added:

"With the exception of logging, automated queries in accordance with § 54 para. 4b are excluded, unless it is a hit case."

23. In § 62, the following sentence shall be inserted after the first sentence:

"In addition, the legal protection officer is to be informed about the use of identifier recognition devices (§ 54 para. 4b)."

24. In § 62a Abs.1 the phrase "for the duration of two years" through the phrase "for the duration of five years" replaced.

25. In Section 62a (3), the word order shall be "with end of order duration" through the phrase " with the effectiveness of the reappointment or reorder " replaced.

26. § 62a (7) reads:

" (7) Security authorities to whom a task is to be established pursuant to Article 21 (3) shall immediately notify the Federal Minister of the Interior. The person concerned shall have the opportunity to express his views within three days. Investigations pursuant to section 21 (3) may not be made until the expiry of this period or the existence of a corresponding statement by the legal protection officer, unless there is a need for an immediate investigation in order to prevent serious danger. The same shall also apply to the intended monitoring of public places with image and sound recording devices within the meaning of Section 54 (6). "

27. The 6. Part receives the heading "USE OF PERSONAL DATA FOR THE ADMINISTRATION OF DISMISSAL AND PROHIBITION OF SUPERVISION IN THE CASE OF VIOLENCE IN APARTMENTS" ; the previous parts 6 to 9 receive the numbering 7 to 10.

28. According to § 80a, the 6. Part of the following § 80b with headline inserted:

" Central violence protection file

§ 80b. (1) The security authorities are empowered to provide identification data for the execution of § 38a in a joint information system operated by the Federal Minister of the Interior in respect of persons against which a measure according to § 38a is directed. including the availability and pre-statements for the use of violent offences, information on the grounds and scope (in terms of space and time) of the measure imposed, including previous measures in accordance with Section 38a and procedural data, as well as with regard to the protection of People only age, gender, nationality and To process membership relationship with the companion and to use it together in connection with the assessment of whether there is a case under section 38a of the risk.

(2) In addition, the transfer of data to security authorities is only for the purposes of the enforcement of § § 8 and 12 Weapons Act 1996, BGBl. I n ° 12/1997, as well as to public prosecutors and courts for criminal justice purposes.

(3) The data shall be deleted if an entry ban has been repealed in accordance with Section 38a (6). Otherwise, the data of persons against which a measure according to § 38a is directed and the respective companions are to be deleted one year after inclusion in the central violence protection file, in the case of several storage units one year after the last. "

29. In accordance with § 83, the following § 83a and title shall be inserted:

" Unauthorized Wearing of Uniforms

§ 83a. (1) Those who, except for scenic purposes, bear the uniforms or parts of an organ of the public security service referred to in paragraph 2 above (§ 5 sec. 2, Z 1 to 3 and 5) in a public place (§ 27 para. 2) without being an organ of this kind, or otherwise authorized by law or ordinance to do so, is subject to an administrative surrender and is fined up to 360 euros, in the case of incrimination with imprisonment of up to two weeks.

(2) The Federal Minister of the Interior shall, by means of a regulation, refer to the uniforms or parts of the Union within the meaning of paragraph 1. "

30. In § 84 (1) (3), the following is indicated by the word "or" shall be added and the following Z 4 shall be added:

" 4.		in spite of an entry ban, enter a protection zone according to § 36a, "

31. § 94 the following paragraph 16 is added:

" (16) § § 16 (2) Z 1, 35 (1) Z 7 and 8, 36a, 38a (4), 53 (1) (2a), 54 (4b) and (6), 56 (1) (3) and (2), 57 (3), 59 (2), 62, 62a (1), (3) and (7), 80b, 83a, 84 (1), (3) and (4) and (4) and (94a) in the BGBl version. I n ° 151/2004 are due to 1. Jänner 2005 in force. § § 5 (2), 5a (3), 7 (2) and (4a), 8 (1) and (2), 9 (1) and (4), 10, 11, 13, 14 (4), 96 (6) and 97 (3) in the version of the Federal Law Gazette (BGBl). I n ° 151/2004 and the table of contents shall enter into force on 1 July 2005. § § 10a and 10b shall expire on 30 June 2005. "

Section 94 of the following § 94a shall be added together with the heading:

" Linguistic equality

§ 94a. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they 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. '

Section 96 shall be added to the following paragraph 6:

"(6) The uniforms in use until 30 June 2005 may be used until 31 December 2007 at the latest."

Section 97 is added to the following paragraph 3:

' (3) With the expiry of 30 June 2005, the following provisions shall be repealed:

1.		the law of 25. December 1894, concerning the gendarmerie of the kingdoms and countries represented in the Reichsrathe, RGBl. No. 1/1895, as last amended by Federal Law BGBl. I No 191/1999;
2.		the Law of 27 November 1918, concerning the Gendarmerie des Deutschösterreichische State (Gendarmerie des Deutschösterreichischen State, StGBl). No 75/1918, as last amended by Federal Law BGBl. I No 191/1999;
3.		§ 20 Authorities-Code of Transfer, StGBl No. 94/1945, as last amended by Federal Law BGBl. I n ° 64/2002. '

35. This is the 1. Part of the SPG preceding table of contents is:

" TOC

1. TEIL
1. Main item: Scope
§ 1
2. Main item: Organization of security administration
§ 2	Obtaining the security administration
§ 3	Security Police
§ 4	Security Authorities
§ 5	Obtaining the Executive Service
Section 5a	Monitoring fees
Section 5b	Payment of the monitoring fees
§ 6	Federal Minister for the Interior
§ 7	Security Directorates
§ 8	Federal Police Directorates
§ 9	District Administrative Authorities
§ 10	Police Command
§ 11	Security Academy
§ 12	Business classification and rules of procedure of the security and federal police directorates
§ 13	Law
§ 14	Local area of action of security authorities in security police matters
§ 14a	Instance train in security police matters
§ 15	Information on security policy
Section 15a	Human Rights Advisory Council
Section 15b	Members of the Human Rights Advisory Council
§ 15c	Fulfilment of the tasks of the Human Rights Advisory Council
3. Main item: Definitions
§ 16	General danger; hazardous attack; hazard research
§ 17	Offence under threat of considerable punishment
§ 18	Rights and obligations of legal persons
2. PART: TASKS OF THE SECURITY AUTHORITIES IN THE FIELD OF SECURITY POLICE
1. Main item: First general assistance obligation
§ 19
2. Main piece: Maintaining public safety
§ 20	Tasks in the context of the maintenance of public security
Section 21	Security
Section 22	Preventive protection of legal goods
Section 23	Postponing the entry
§ 24	Fahndung
Section 25	Criminal police advice
Section 26	Dispute settlement
3. Main piece: Maintaining the public order
§ 27
4. Main piece: Special Monitoring Service
§ 27a
PART: POWERS OF THE SECURITY AUTHORITIES AND THE BODIES OF THE PUBLIC SECURITY SERVICE IN THE FRAMEWORK OF THE SECURITY POLICE
1. Main piece: General
§ 28	Priority for the safety of people
Section 28a	Safety-related task performance
§ 29	Proportionality
§ 30	Rights of the person concerned in the exercise of powers
Section 31	Guidelines for intervening
2. Main item: Powers for the first general assistance obligation and the maintenance of public safety
Section 1: General powers
Section 32	Interventions in legal goods within the framework of the first general assistance obligation
§ 33	Termination of dangerous attacks
Section 2: Special powers
Section 34	Request for information
§ 35	Identity determination
§ 35a	Identity card
§ 36	Space ban
§ 36a	Protection Zone
Section 37	Resolution of occupations
§ 38	Dismissal
Section 38a	Deportation and ban on violence in apartments
§ 39	Entering and searching of land, rooms and vehicles
§ 40	Searching people
Section 41	Search order at major events
§ 42	Ensuring things
§ 42a	Receipt, custody and compliance of lost or forgotten items
Section 43	Cases of property seized
Section 44	Use of goods
§ 45	Interventions in personal freedom
Section 46	Show
§ 47	Conduct of a holding
§ 48	Guarding of people and things
§ 48a	Arrangement of monitors
§ 49	Extraordinary power of assembly
Section 3: Direct Forced Violence
§ 50
4. PART: USE OF PERSONAL DATA WITHIN THE FRAMEWORK OF THE SECURITY POLICE
1. Main piece: General
Section 51
2. Main item: Investigation service
Section 52	Task-related
Section 53	Admissibility of processing
§ 54	Specific provisions for the investigation
Section 54a	Legend
§ 54b	Confidential sperson evidences
§ 55	Security Check
§ 55a	Cases of security clearance
§ 55b	Implementation of the security clearance
§ 55c	Secret Code
§ 56	Admissibility of transmission
Section 57	Central information collection; Admissibility of the investigation, processing and transmission
Section 58	Central information collection; locks the access and delete
§ 59	Rectification, updating and logging of data from the Central Information Collection
§ 60	Administrative strafevidence
Section 61	Admissibility of the update
Section 62	Information on investigations
§ 62a	Special legal protection in the investigative service
§ 63	Obligation to judge or delete
3. Main item: Discovery Service
Section 64	Definitions
Section 65	Recognition service
Section 65a	Recognition service measures for the collection of off-road
Section 66	Recognition service measures on bodies
Section 67	DNA investigations
Section 68	Recognition service measures at the request or with the consent of the person concerned
Section 69	Avoidance of confusion
Section 70	Evidence-based evidence
Section 71	Transmission of identification data
Section 72	Transmission of data for scientific purposes
Section 73	Deletion of recognition of official data from officals
Section 74	Deletion of recognition service data at the request of the person concerned
§ 75	Central recognition service evidence
Section 76	Special responsibility for authorities
Section 77	Procedure
Section 78	Exercise of direct force
§ 79	Specific procedural rules
§ 80	Right of information
5. PART: USE PERSONAL DATA FOR THE ADMINISTRATION OF THE DETENTION AT THE SECURITY AUTHORITIES
§ 80a	Enforcement
6. PART: USE PERSONAL DATA FOR THE ADMINISTRATION OF DISMISSAL AND PROHIBITION OF SUPERVISION IN THE CASE OF VIOLENCE IN APARTMENTS
§ 80b	Central Violation File
7. PART: PENAL PROVISIONS
§ 81	Disturbance of public order
Section 82	Aggressive behaviour towards bodies of public supervision or military guards
Section 83	Committing an administrative surcharge in a state of intoxication that is exclusive to the eligibility
§ 83a	Unauthorised wearing of uniforms
Section 84	Other administrative transgressions
§ 85	Subsidiarity
§ 86	Administrative authorities of first instance
8. PART: SPECIAL LEGAL PROTECTION
§ 87	Right to lawfulness of security policy measures
Section 88	Complaints about violation of subjective rights
§ 89	Complaints about violation of guidelines for intervention
§ 90	Complaints about violation of data protection provisions
Section 91	Official complaint
§ 92	Compensation
§ 92a	Reimbursement of expenses
9. PART: INFORMATION REQUIREMENTS
Section 93	Security Report
Section 93a	Government Information
10. PART: FINAL PROVISIONS
Section 94	In-force pedals
Section 94a	Linguistic equality
§ 95	References
§ 96	Transitional provisions
Section 97	Out-of-Force Trees
Section 98	Enforcement "

Article 2

Amendment of the Security Policy Act

The Security Police Act, BGBl. No 566/1991, as last amended by Federal Law BGBl. I No 104/2002 and BGBl. I No 97/2003, shall be amended as follows:

1. In Section 83a (1), the parenthesis shall be "(§ 5 (2) (1) to (3) and (5))" by the parenthesis expression "(§ 5 (2) (1) and (3))" replaced.

Section 94 is added to the following paragraph 17:

" (17) § 83a in the version of Article 2 of the Federal Law BGBl. I n ° 151/2004 shall enter into force on 1 July 2005. '

Article 3

Amendment of the Border Control Act

Federal law on the implementation of personal checks on the occasion of the border crossing (Border Control Act-GrekoG) Federal Law Gazette (BGBl). No 435/1996, as last amended by Federal Law BGBl. I n ° 26/2004, shall be amended as follows:

1. According to Article 12 (1), the following paragraph 1a is inserted:

The Authority shall be empowered to use image and sound recording equipment in the area of border crossing points for the implementation of border control. This measure shall be clearly visible. The Authority shall immediately notify the Federal Minister of Home Affairs of the intended use of the image and sound recording equipment. The legal protection officer (§ 62a SPG) has the opportunity to submit comments within three days. The use of the image and sound recording equipment shall be commenced only after the expiry of that period or after a corresponding statement by the legal protection officer has expired, unless there is an immediate risk of a serious risk of Investigations are required. "

Section 15 (3) reads as follows:

" (3) Without prejudice to paragraphs 1 and 2, personal data which has been determined in accordance with Section 12 (1a) shall be deleted at the latest after 48 hours. In addition, the data (para. 1) as soon as they are no longer needed for the purposes of border control. "

3. § 18 the following paragraph 4 is added:

" (4) § § 12 (1a) and 15 (3) of the Federal Law Gazette (BGBl). I n ° 151/2004 are due to 1. Jänner 2005 in Kraft. "

Article 4

Amendment of the Federal Law on the Leadership of Federal Gendarmerie in the Area of the Länder and the Disposal of the Guard of the Federal Police and the Federal Gendarmerie

The Federal Act on the Leadership of the Federal Gendarmerie in the Area of the Countries and the Disposal Via the Guard of the Federal Police and the Federal Gendarmerie BGBl. No. 70/1966, last amended by Federal Law BGBl. I n ° 16/2000, is amended as follows:

1. The title is:

" Federal Act on the Management of the Ground Body Federal Police in the Countries of the Länder and on its disposal (Act on the Management and Disposal Act-FVG)

Section IV, together with the headline, reads:

" Leadership of the watchbody federal police in the area of the countries

§ 16. (1) Organisational measures in the areas of district or city police commanders as well as police inspections of the security body Federal Police are the responsibility of the police commander, in Vienna the police president, if not these matters by Ordinance pursuant to Section 10 (4) of the SPG are transferred to the State Police Commander, in agreement with the Governor of the State, as far as they are responsible for the use of the bed, the convocation of the management of a district or city police command or a police inspection or the translation without any change in the relevant position on the Subject; § 9 (4) of the Transitional Law of 1. October 1920 in the version of the BGBl. No. 368 of the year 1925 remains unaffected.

(2) Where the measures referred to in paragraph 1, however, go beyond the local area of a federal state or affect the state police commander, they shall be taken by the Federal Minister of the Interior. "

3. In Section V, the heading is:

"decrees on the security body of the Federal Police"

4. In Section 17 (1), the phrase "of wax bodies of the Federal Police or of the Federal Gendarmerie" through the phrase "the guard body federal police" , the phrase "The Federal Ministry of the Interior" through the phrase "the Federal Minister for the Interior" and the phrase "of wax bodies" through the phrase "the wax body" replaced.

5. § 30 receives the sales designation " (1) " and the following paragraph 2 is added:

" (2) The title, the headlines and the § § 16 and 17 (1) in the version of the Federal Law BGBl. I n ° 151/2004 shall enter into force on 1 July 2005. '

Article 5

Customization

(1) Where reference is made in federal laws to the terms federal gendarmerie, gendarmerie, federal security guard, security guard, security guard corps, criminal investigators or criminal investigator corps in the respective grammatical form, the following shall be taken: Effect from July 1, 2005 in their place the word "Federal Police" in the respective grammatical correct form.

(2) Where reference is made in federal laws to the terms Landesgendarmeriekommando, Bezirksgendarmeriekommando, Gendarmeriepostenkommando or Gendarmerieposten in the respective grammatical form, with effect from 1 July 2005 their position in each case the terms "State Police Command", "District Police Command" or "City Police Command" Police inspection in the respective grammatical correct form.

(3) This does not apply to the use of these terms in conclusion and transitional provisions as well as in-force peddling and out-of-force regulations.

(4) Should an adaptation according to para. 1 or 2 result in a grammatically incorrect doubling of terms, the first of the two identical terms as well as a punctuation which is inextricably linked thereto shall be deleted; or a link that is inextricably linked with it.

Article 6

Amendment of the Official Services Act

The Civil Service Law 1979, BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 130/2003 and the BGBl agreement. I n ° 88/2004, shall be amended as follows:

1. In § 140 (3), the following shall be replaced:

(a) the phrase "for the head of the Gendarmeriezentralkommandos" through the phrase "for the head of the Federal Criminal Police Office" ,

(b) the use designation " Gendarmeriegeneral " by the designation " Director of the Federal Criminal Police ",

(c) the word "District Police Commissariate" by the word "Police Commissariate" and

(d) the use designation " Chief physician, d. (with the addition of the name the office or the word "Bundesgendarmerie") " by the use designation " Chief physician, d. (with the addition of the name of the office or of the word "Federal Police").

2. In § 256 (1):

(a) the word "District Police Commissariate" by the word "Police Commissariate" replaced,

(b) the use designation shall be " Chief physician, d. (with the addition of the name of the office or of the word " Federal Gendarmerie ")" by the use designation " Chief physician, d. (with the addition of the name of the office or of the word " Bundespolizei ")" replaced and

(c) the phrase "for the head of the Gendarmeriezentralkommandos" as well as the use designation "Gendarmeriegeneral" .

(3) The following paragraph 55 is added to § 284:

" (55) In the version of the Federal Law BGBl. I n ° 151/2004 enter into force with 1 July 2005 § 140 (3), § 256 (1) and Annex 1 Z 8.1 and Z 8.18. "

4. In Appendix 1 Z 8.1 the quote will be "Z 8.15 and Z 8.16" by quoting "Z 8.15 to 8.18" replaced.

5. In Appendix 1, the following Z 8.18 and heading is inserted after Z 8.17:

" Special provision for members of the grade General Administrative Service

8.18. The requirements of Z 8.15 and 8.16 may be met by:

a)			the fulfilment of the requirements of Z 1.12 or 1.13,
b)			the successful completion of the basic training for use group A 1 and
c)			the successful completion of the basic training for the Executive Service as well as an at least two-year practice in the executive field service or at least eight years of practical experience in the management of operational units, including the planning and direct management of police operations
shall be replaced. "

Article 7

Transitional provisions

(1) On the basis of the creation of the uniform security body "Bundespolizei" (§ 5 paragraph 2 Z 1 of the Security Policy Act-SPG in the version of the Federal Law BGBl. I n ° 151/2004), the Federal Minister for Home Affairs has the following functions:

State police commanders and their deputies

(2) Without prejudice to the point in time of the entry into force of the provision of the § 10 SPG in the version of the Federal Law BGBl. I n ° 151/2004, the police commander in Vienna, the police chief in Vienna, unless these matters are transferred to the police commander by a regulation in accordance with Section 10 (4) of the SPG, the following functions within the scope of his/her scope of action to write:

Head of the State Police Command, excluding the head of the Landeskriminalamtes Wien.

(3) For the calls for tenders to be carried out in accordance with the provisions of paragraphs 1 and 2, the sections I to V of the law on tendering for 1989-AusG, BGBl. No 85/1989, subject to the following exceptions: The nomination of the member to be sent by the Central Committee pursuant to Section 7 (2) of the Foreign Affairs Committee to the Commission of Evaluation shall have all the central committees responsible for the area of the members to be issued. The function is to establish the agreement. If this agreement is not reached within 14 days of receipt of the nomination, the Federal Minister for Home Affairs has to nominate a member of the relevant central committees. In its decision, the Federal Minister for the Interior has decided to have a balance of the composition of all the evaluation commissions. In addition, invitations to tender pursuant to paragraph 1 are to be considered as invitations to tender within the meaning of § 3 and calls for tenders pursuant to paragraph 2 as invitations to tender within the meaning of § 4 AusG.

(4) The functions of the function as set out in paragraphs 1 and 2 may be carried out before 1 July 2005 and shall have effect with that date. For the period to 30 June 2005, the competent national police commanders responsible for the measures referred to in paragraph 1 shall be responsible for the measures referred to in paragraph 2 above and for the occupation of these functions.

(5) On the basis of the creation of the uniform guard body federal police (§ 5 paragraph 2 Z 1 SPG in the version of the Federal Law BGBl. I n ° 151/2004), the police commander, in Vienna, the police chief, unless these matters are transferred to the police commander by means of a regulation pursuant to Section 10 (4) of the SPG, without prejudice to the point in time of the entry into force of the Determination of § 10 SPG in the version of the Federal Law BGBl. I n ° 151/2004, within its sphere of action in the area of the regional police forces, to write out the following functions and jobs in a suitable way:

Deputy of department heads, as well as functions for other senior officials of these organizational units, department, investigative and assistant department heads, their deputising and all clerks with and without qualification, other Executive and administrative staff, with the exception of the functions of the Landeskriminalamtes Wien (Landeskriminalamt Wien).

(6) According to Section 7 of the Federal Equal Treatment Act (BGBl), the Federal Employment Equality Act (BGBl). No 100/1993, including measures to increase transparency and increase the involvement of staff representatives.

(7) Function entrusts after the announcement according to paragraph 5 may take place before 1 July 2005 and shall have effect with this date. For the period up to 30 June 2005, the national police commander entrusted with the task shall be responsible for the measures referred to in paragraph 5 above and for the occupation of these functions.

(8) Article 7 in the version of the Federal Law, BGBl. I n ° 151/2004, shall enter into force with the day following the event and with the expiry of 31 December 2005.

Fischer

Bowl