Spg Novella 2005

Original Language Title: SPG-Novelle 2005

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151. Federal Act, with which the Security Police Act, the border control Act, the Federal law on the management of the Federal Police in the competence of the Länder and the disposition of the security body of the federal police and the federal police and the official service law be changed (SPG Novella 2005) the National Council has decided:

Article 1

Amendment of the Security Police Act

The Security Police Act, Federal Law Gazette No 566/1991, as last amended Federal Act Federal Law Gazette I no. 104/2002 and Federal Law Gazette I no. 97/2003, is amended as follows:

1. paragraph 5 paragraph 2:



"(2) of the public security service organs are members



"1 of the awake body federal police, 2. municipality awake body and 3 of legal service in security authorities, if empowered these organs to exercise immediate command and coercive power."

2. in Article 5a, paragraph 3 of the parenthetical expression "(§ 5 Abs. 2 Z 1 bis 3 und 5) is in no. 1" by the parenthetical expression "(§ 5 Abs. 2 Z 1 und 3)" replaced in no. 2, and the bracket expression "(§ 5 Abs. 2 Z 4 und 5)" by the parenthetical expression "(§ 5 Abs. 2 Z 2 und 3)" replaced.

3. in article 7, paragraph 2, the term "National gendarmerie command" is replaced by the term "State police command".

4. in article 7, after paragraph 4, the following paragraph 4a is inserted:



"(4a) the Affairs of the internal service of the security directorates are concerned by themselves. Furthermore, the provision of personnel and staff matters the Federal Police Directorate in its local jurisdiction is up to them. If this is located in the interest of expediency, quickness, simplicity and cost savings, the Federal Minister of the Interior may delegate such matters the Federal Police Directorate with regulation to the independent care."

5. paragraph 8 section 1:



"(1) the Chief of police, at the head of the Federal Police Headquarters Vienna Police President is the head of a Federal Police Directorate." The district or city police commands and their police inspections are subordinate to the Federal Police Directorate other than Vienna in the care of security management. "The Executive service of the Chief of police (police President) and that provided him given in, allotted or directly subordinate organs of the public security service."

6 paragraph 8 para 2:



"(2) the matters of the internal service of the Federal Police Directorate are with the exception in § 7 paragraph 4a worried controlled Affairs by themselves."

7 § 9 para 1 last sentence reads:



"The district or city police commands and their police inspections are covered under this booking security management."

8. in article 9, paragraph 4, the term is replaced by the term "District or city police command" "Federal Police" by the term "Federal Police" and the term "District Gendarmerie command".

9 paragraph 10 together with the heading:



"Police commands



§ 10 (1) for each land is furnished a State police command, the district and city police commands and are subordinate to their police inspections.

(2) the matters of internal services, in particular



1. the definition and establishment of departments and organizational units, their systematization including performance-based control of the Executive service, 2. the organisation and management of the General Strip and monitoring service, 3. on the basis of official orders or any other metaphor tasks performing focus - and special missions, as well as other monitoring measures, 4. setting the service time, 5. participation in education and training, 6 the personnel and staff matters and 7 the matters of the budget ", the logistics and infrastructure are concerned by the State police commands in immediate placement under the Federal Minister of the Interior."

(3) in Vienna the care is whether in para 2 Nos. 6 and 7 listed matters the police President (section 7 para. 5).

(4) If this is located in the interest of expediency, quickness, simplicity and cost savings, the Federal Minister for internal affairs of internal service except can of para 2 Z 1 referred to the district and city police commands with regulation to the independent agency or to the shared care with the respective State police command transferred to; In addition he can the Landespolizeikommando Vienna Affairs of para 2 Nos. 6 and 7 to the independent care transfer.

(5) the care of the Affairs of the internal service must be made in accordance with the incumbent security authorities power to issue of orders in the context of the errand of the security management and may do not preclude this.

"(6) as far as automatically data used for the internal service, each police command is client (§ 4 Z 4 DSG 2000)."

10. the sections 10a and 10B and article 11 is including the header:



"Security Academy



§ 11 (1) the Security Academy is the education and research facility for the staff of the Federal Ministry of the Interior.

(2) the implementation of basic education and the training of teaching and managerial staff of the servants referred to in paragraph 1 is the Security Academy. Other education measures for these officials is only subject to the Security Academy, if the Federal Minister of the Interior sets by regulation. In accordance with the existing resources, the Security Academy is also entitled to create learning opportunities for third parties to offer if the offer in connection with the fulfilment of the tasks of the Security Academy and carry out such training against reimbursement of costs.

(3) following tasks are the responsibility of the Security Academy apart from the tasks listed in paragraph 2:



1. the control and co-ordination of other training courses for the staff referred to in paragraph 1, 2. the control of the activity of the educational centers, 3. preparing the issuing of regulations according to para 2 and 4, and 4. controlling the educational measures.

(4) the Federal Minister of the Interior has further provisions on the access to education including the objectification of the selection of the participants and the fixing of the refunding by regulation to regulate.

(5) the Security Academy is the perception, coordination and supervision of research tasks that are significant for the Federal Ministry of the Interior. Furthermore incumbent perception and promotion of international cooperation, in particular the contact and information exchange in the framework of the European Police College and the Central European Police Academy, including the performance of the duties of the Central Coordination Office of the institution, as well as cooperation with educational institutions of local authorities, the other bodies of public law and of these operated institutions the Academy of security in their areas of responsibility.

(6) the management of the Security Academy is the Director, who is advised by an Advisory Board. The Director is appointed by the Federal Minister of the Interior after consultation of the Advisory Committee. The provisions of the competition act in 1989, Federal Law Gazette are no. 85, to apply.

(7) the Advisory Board consists of ten members, who are appointed by the Federal Minister of the Interior according to the principles of 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 submit proposals regarding the methodological and content design of courses, the introduction of new courses, the coordination of courses on a longer period of time, as well as measures to ensure a uniform assessment tests. More has provisions on the composition, tasks and Managing Director of the Advisory Board of the Federal Minister of the Interior to adopt by regulation. In particular, the Advisory Board is to hear of:



1 order of the Director, 2. design of the curriculum, 3. introduction of new courses, 4. determination of research priorities and 5. issuing of regulations according to para 2 and 4.'

11 paragraph 13 together with the heading:



"Firm order



Section 13 (1) is the formal treatment of the businesses to besorgenden of the security directorates, the Federal Police Directorate and the police commands (section 10) by the Federal Minister of the Interior in a single firm order set. Deviations can be provided by the otherwise for the Federal Police Directorate current firm order insofar as this is necessary because of the size of this authority, for the Vienna Federal Police Directorate.


(2) the Federal Minister of the Interior, which are security directorates, Federal Police Directorate and police commands authorized to operate in legally borne missions for the documentation of official acts and the management of service pieces of automation-supported data processing. For these purposes they may use data on natural and legal persons, as well as things, to which refers the operation to be logged, such as in particular the date, time and place, vehicle data, subject and file number together with the processing and filing notices and data to the accessibility of the people serving name, role of the person concerned, gender, previous names, alias data, nationality, date of birth, place of birth, home address and others. Insofar as it is necessary, sensitive data may (§ 4 Z 2 DSG 2000) as well as data in the meaning of § 8 para 4 used DSG 2000. From eligibility data from the total amount of stored data only after sensitive data and the name may be not intended, is to specify another date related to the logged facts for the selection."

12. in article 14, paragraph 4, the term "District Gendarmerie command" is replaced by the term "district police command".

13 § 16 par. 2 No. 1 is:



' 1. under the Penal Code (StGB), Federal Law Gazette No. 60/1974, except the facts according to the § 278, 278a and 278 b of the criminal code, or "14. In article 35, paragraph 1, no. 7 is the point replaced with a semi-colon and following Z 8 added:



"8 If this is for the imposition of a re-entry ban in a protection zone and the enforcement of thereof (§ 36a para. 3 and 4) is necessary."

15. after section 36 the following § 36a and heading shall be inserted:



"Protection zone



§ 36a. (1) the safety authority may declare a particular place, where, mostly underage people in particular extent of offences not directly addressed are threatened according to the Penal Code, the law or judicial malfeasance under the Narcotics Act regulation to the protection zone. The protection zone includes a protection object, in particular schools, kindergartens and children's day centre, an area within a radius of not more than 150 m to this protection object just to label and is set in accordance with the requirements of effective protection.

(2) regulations referred to in paragraph 1 have to contain the precise designation of the protection zone in their local and temporal scale and the day of their force. Their effectiveness is to restrict to certain periods of time if it does not affect the guarantee of effective protection. They are to be published in a way that seems suitable to achieve a possible wide range of potentially affected. You are to pick up, as soon as a threat is no longer to be feared, and occur at least six months after its effective date overrides.

(3) in a protection zone referred to in paragraph 1 the organs of public security are authorized to prohibit a person from on the basis of certain facts, in particular due to previous dangerous attacks, to assume is that he will commit criminal offences under the Penal Code, the law or legally punishable acts under the drug act from the protection zone off assign and him entering the protection zone. The duration of this re-entry ban to announce is concerned. The exercise of coercive power to enforce this prohibition of re-entry is not permitted. Can he persuade legitimate interests for the need of entering the protection zone, is to take according to carefully.

(4) the arrangement of a re-entry ban is to bring the security authority without delay and to verify this within 48 hours. The criteria for the arrangement of the re-entry ban no longer exist, the Security Authority has to repeal this immediately to the affected and to inform him the suspension. The prohibition ends anyway, at the end of the 30th day after his arrangement."

16. in section 38a (4) and 56 para the reference "section 25 para 2" with the reference 'article 25 para. 3' is replaced each 1 Z 3."

17 § 53 ABS 1 Z 2a is:



"2a. for advanced risk research (§ 21 ABS. 3) under the conditions of article 62a para 7;"

18. in paragraph 54, 4 the following paragraph is inserted after paragraph 4a b: "(4b) the security authorities are empowered, hidden through the use of license plate recognition devices personal information for purposes of investigation (section 24 SPG) process." The usage is to limit to no more than a month. The data is to delete as soon as they are no longer needed for purposes of specific investigation."

19 § 54 the following paragraph 6 is added:



"(6) is on the basis of certain facts, in particular due to previous dangerous attacks, to fear that there will be dangerous attack against life, health or property of people in public places (§ 27 para. 2), may determine the security authorities to prevent such attacks personally identifiable information of present with image and sound recording equipment. You have this before in such a way to announce that it is known an as wide circle of potential interested parties. The data obtained in this way may be used also for the defense and reconnaissance more dangerous attacks, which occur in these public places, as well as for purposes of the investigation (section 24). Insofar as these records to the follow-up on the basis of a suspicion of punishable offences (§ 22 para 3) are necessary, they are no longer than 48 hours to delete."

20. in article 56, paragraph 2 the following sentence is added:





Logging except automated queries pursuant to § 54 para 4 are b, unless, it's a cases."

21. in article 57, paragraph 3, second sentence, after the word "Security management" is the phrase ", in matters of ceremony (guarantee) the citizenship" inserted.

22. in article 59, paragraph 2 the following sentence is added:



"Logging except are automated queries pursuant to § 54 para 4 b, unless, it's a cases."

23. in paragraph 62, the following sentence is inserted after the first sentence:



"In addition is the right protection officer on the use of license plate recognition devices (§ 54 para 4 b) to inform."

24. in section 62a ABS. 1, the phrase "for a period of two years" will be replaced by the phrase "for a period of five years".

25. in section 62a, paragraph 3 the phrase "with the end of the duration of the order" by the phrase "with effectiveness of new or re-appointment replaced.

26 section 62a paragraph 7 reads:



"(7) security agencies, which turns a task pursuant to article 21, paragraph 3, have immediately reported to the Federal Minister of the Interior. This has be given the opportunity to submit its observations within three days of the Ombudsman for protection. Investigations may be used only according to § 21 paragraph 3 after the deadline or following the occurrence of a corresponding statement of the legal protection officer, unless it would require immediate investigation to avert of serious danger. This also applies to the intended monitoring of public places with image and sound recording devices within the meaning of § 54 paragraph 6."

27. the 6 part receives the heading "Use of personal data to the ADMINISTRATION of eviction and BARRING violence IN homes"; the previous parts 6 to 9 will receive the numbers 7 to 10.

28. According to § 80a, b and heading is inserted in the part 6 the following section 80:



"Central force protection file



section 80 b. (1) the security authorities are empowered, for the implementation of section 38a in an information system operated by the Federal Minister of the Interior together with regard to persons against whom an action according to § 38a is undertaken, identification data, including the data of availability of and flags because of violent offenses, reason and scope (spatially and temporally) imposed measures including previous actions in accordance with § 38a and process data, as well as to protected people only age the , Gender, nationality and nationality relationship to process the Gefährder and related to assessing the question of whether a § 38a under falling offence exists to use together.

(2) in addition transfers data to the security authorities for purposes of enforcement of §§ 8 and 12 weapons Act 1996, BGBl. I are no. 12/1997, as well as prosecutors and courts for purposes of criminal justice allowed.

(3) the data is to delete if a prohibition pursuant to section 38a, paragraph 6 was lifted. "Otherwise are the data of persons against whom a measure is undertaken according to § 38a, and to delete, in case of multiple saves a year after the last Gefährdeteten one year after admission into the central file of violence protection."

29. According to section 83, the following § 83a together with heading shall be inserted:



"Unauthorized wearing of uniforms




§ 83a. (1) a person who, except for scenic purposes, which according to para 2 designated uniforms or uniform parts of an organ of the public security service (§ 5 para 2 Nos. 1 to 3 and 5) in a public place (§ 27 para 2) wears, without such a body, or otherwise authorized by law or regulation to do so to be, commits an administrative offence and is fined up to 360 euros , to punish with imprisonment up to two weeks in the event of recovery.

(2) the Federal Minister of the Interior the uniforms or uniform parts designated by regulation within the meaning of paragraph 1."

30. in article 84, paragraph 1 Z 3 the comma will be replaced by the word "or" and 4 is appended following Z:



"4. in spite of a re-entry ban a protection zone enters according to § 36a," 94 31 § 16 the following paragraph is added:



"(16) § 16 par. 2 Z 1, 35 para 1 Nos. 7 and 8, 36a, 38a para of 4, 53 para 1 Z 2a, 54 para 4b and 6, 56 para 1 No. 3 and par. of 2, 57 paragraph of 3, 59 para 2, 62, 62a par. 1, 3 and 7, 80 b, 83a, 84 para 1 Z 3 and 4 and 94a as amended by Federal Law Gazette I no. 151/2004 with 1 January 2005 into force." The § 5 para 2, 5a paragraph of 3, 7 para 2 and 4a, 8 para 1 and 2, 9 para 1 and 4, 10, 11, 13, 14 para 4, 96 par. 6 and 97 para 3 as amended by the Federal law. I no. 151/2004, as well as the table of contents with 1 July 2005 into force. The sections 10a and 10B kick at the end of June 30, 2005 except force."

32. section 94 is added to the following section 94a together with heading:



"Linguistic equal treatment



section 94a. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons the respective gender-specific form be used."

33. § 96 the following paragraph 6 is added:



"(6) the uniform varieties standing up to June 30, 2005, use of can still until no later than December 31, 2007 be used."

34. § 97 the following paragraph 3 is added:



"(3) at the end of June 30, 2005 the following provisions are repealed:"



1. the law on 25 December 1894, concerning the gendarmerie of the kingdoms in the Reichsrathe and countries, RGBl. No. 1/1895, last modified with Federal Law Gazette I no. 191/1999;

2. the law of 27 November 1918, concerning the gendarmerie of the Deutschösterreichischen State Gazette No. 75/1918, last modified with Federal Law Gazette I no. 191/1999;

"3. § 20 authorities reconciliation Law Gazette No. 94/1945, as last amended by Federal Law Gazette I no. 64/2002."

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



"Table of contents


1 part 1 part: scope § 1 main piece 2: Organization of the security management section 2 care section 3 security management security police section 4 security authorities § 5 care of the Executive service § 5a monitoring fees article 5 b payment of audit fees § 6 Federal Minister for Home Affairs section 7 security directorates § 8 Federal Police Directorate section 9 district administrative authorities article 10 police commands section 11 Security Academy § 12 business classification and rules of safety and Federal Police Directorate § 13 firm order § 14 of local sphere of security agencies in matters of security police § 14a appeal in matters of security police section 15 security duty section 15a of the Human Rights Advisory Board section 15 b members of the Human Rights Advisory Board § 15 c fulfillment the Tasks of the Human Rights Advisory Board 3 main units: definitions § 16 general danger; dangerous attack; Risk of exploration section 17 with considerable punishment threatened action article 18 rights and obligations of legal entities 2. part: tasks of the security authorities in the field of the security police 1 main piece: first general obligation of assistance article 19 main piece 2: maintaining the public security section 20 tasks in the context of maintaining the public security section 21 section 22 of preventive security protection of legal interests section 23 deferral of intervention section 24 investigation § 25 criminal police advice section 26 dispute resolution 3. main piece : Maintaining the public order section 27 4 main piece: special monitoring service § 27a 3. part: powers of security agencies and the organs of public security within the framework of the security police 1 main piece: General section 28 priority of the security of people § 28a preventive tasks § 29 proportionality article 30 rights of the data subjects in the exercise of powers article 31 guidelines for the intervention of 2 main piece: powers for the first general duty of assistance and the maintenance of public security 1 section : General powers of § 32 interfering with legal interests in the framework of the first compulsory assistance of § 33 cessation dangerous attacks 2. section: special powers article 34 request for section 35 identification section 35a identity § 36 space ban § 36a protection zone section 37 occupations article 38 resolution signalization § 38a signalization and prohibition on violence in homes section 39 entering and search of land, premises and vehicles section 40 browse by section 41 people search arrangement at major events section 42 make sure of things section 42a receipt , Custody and handing over lost or forgotten things § 43 foreclosure seized things 44 § access matters § 45 interference with personal freedom § 46 demonstration section 47 implementing a detention section 48 guarding of people and objects § 48a arrangement of monitoring § 49 extraordinary power to issue orders 3 section: direct coercive power § 50 part 4: use 1 main pieces of personal data IN the framework of the security police: General § 51 main piece 2: discovery service § 52 task customization section 53 admissibility processing section 54 special provisions for determining § 54a legend section 54 b trusted third party evidence § 55 vetting section 55a
Cases the vetting section 55 b implementing the vetting section 55 c secret protection regulation article 56 eligibility the delivery § 57 central information collection; Admissibility of the identification, processing and delivery section 58 central information collection; Block access and delete section 59 rectification, updating and logging data of the central information collection § 60 administrative penalty evidence § 61 admissibility update § 62 briefing investigations section 62a special legal protection in the discovery service § 63 obligation to correction or deletion 3. showpiece: detection service section 64 definitions section 65 criminal booking section 65a of the criminal measures to find racing § 66 criminal measures to bodies section 67 DNA investigations § 68 criminal measures at the request of or with the consent of the persons concerned § 69 avoidance of confusion Article 70 criminal evidence § 71 erkennungsdienstlicher data § 72 delivery erkennungsdienstlicher data for scientific purposes of § 73 delete erkennungsdienstlicher data officio § 74 delete erkennungsdienstlicher data on request of the person concerned article 75 Central criminal evidence § 76 special authority jurisdiction § 77 procedure § 78 exercise immediate coercive power section 79 special procedures section 80 right 5 part: use of personal data to the ADMINISTRATION of the prison execution the security authorities § 80a administration part 6: use of personal data to the ADMINISTRATION of eviction and BARRING violence IN homes section 80 b Central violence protection file 7 parts : Penal provisions article 81 public disorder article 82 aggressive behaviour towards the public supervisory bodies or against military guards section 83 committing an administrative offence in an exclusive responsibility of drug intoxication § 83a unauthorized wearing of uniform section 84 other administrative offences article 85 subsidiarity § 86 penalty administrative of first instance 8 part: special legal protection section 87 right to legality of sicherheitspolizeilicher measures § 88 complaints for violation of subjective rights § 89 complaints for violation of the guidelines for the intervention of article 90 complaints of violation of the provisions on data protection section 91 official complaint § 92 damages § 92a
"Costs for damages 9 part: INFORMATION obligations Article 93 safety report section 93a Government information 10 part: final provisions § 94 in force section 94a linguistic equality § 95 references § 96 transitional provisions article 97 except force § 98 enforcement" article 2

Amendment of the Security Police Act

The Security Police Act, Federal Law Gazette No 566/1991, as last amended Federal Act Federal Law Gazette I no. 104/2002 and Federal Law Gazette I no. 97/2003, is amended as follows:

1 in § 83a paragraph 1 is the bracket expression "(§ 5 Abs. 2 Z 1 bis 3 und 5)" by the parenthetical expression "(§ 5 Abs. 2 Z 1 und 3)" replaced.

2. § 94 is added the following paragraph 17:




"(17) § 83a where amended by article 2 of the Federal Act Federal Law Gazette I is no. 151/2004 with force, July 1, 2005."

Article 3

Amendment to the border control Act

The Federal law on carrying out checks on persons on the occasion of the Grenzübertrittes (law on border control - GrekoG) BGBl. No 435/1996, as last amended Federal Act Federal Law Gazette I no. 26/2004, is amended as follows:

1. According to article 12, paragraph 1, the following paragraph 1a is inserted:



"(1a) the authority is authorized to use in the field of border crossing points for the implementation of border control of image and sound recording device. This measure is clearly visible to announce. The authority of the intended usage of image and sound recording device immediately reported to the Federal Minister of the Interior. This has be given the opportunity to submit its observations within three days the right safety representative (section 62a SPG). With the use of image and sound recording device may only after this period or after the occurrence of a corresponding statement of the legal protection officer be started, unless it would require immediate investigation to avert of serious danger."

2. paragraph 15 paragraph 3:



"(3) without prejudice to the paragraphs 1 and 2 are personal data that were determined in accordance with § 12 par. 1a, to delete no longer than 48 hours. In addition the data is to delete as soon as they are no longer needed for purposes of border control (para. 1)."

3. § 18 the following paragraph 4 is added:



"I no. 151/2004 (4) § 12 par. 1a and 15 para 3 of the Federal Law Gazette. with 1 January 2005 into force."

Article 4

Amendment of the Federal law on the leadership of the Federal gendarmerie in the competence of the Länder and the disposition of the security body of the federal police and the Federal Police

The Federal law on the management of the Federal Police in the competence of the Länder and the disposition of the security body of the federal police and the Federal Police Gazette No. 70/1966, last amended by Federal Law Gazette I no. 16/2000, is amended as follows:

1. the title is as follows:



"Federal law governing the conduct of the awake body federal police in the area of the countries and about its available (management and disposal Act - AFV)"

2. section IV together with the heading is as follows:



' Leadership of the awake body federal police in the area of the countries '



Section 16 (1) organizational measures in the areas of district or city police commands and police inspections of the awake body Federal Police are the responsibility of the national police commander, in Vienna if not these matters transferred SPG land Police Commander by regulation in accordance with § 10 section 4 are the police President, in consultation with the provincial Governor, as far as the entrustment with, having dismissal by the Board of a district or city police command or a police inspection or the displacement without changing the staff position to the subject; § 9 para 4 of the transitional law of October 1, 1920, as amended by BGBl. No. 368 of the year 1925 shall remain unaffected.

(2) as far as the measures referred to in paragraph 1 but go beyond over the local area of a federal State or concerning the State Police Commander, they are made by the Federal Minister of the Interior."

3. in section V, the heading reads:



"Dispositions of the awake body federal police"

4. in article 17, paragraph 1, the phrase "by security bodies of the federal police or the Federal gendarmerie" by the word order is "awake body federal police", the phrase "the Federal Ministry of the Interior" by the phrase "the Federal Minister of the Interior" and the phrase "by security bodies" is replaced by the phrase "body guard".

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



"Para 1 as amended by Federal Law Gazette I no. 151/2004 (2) of the title, the headings and sections 16 and 17 with 1 July 2005 into force."

Article 5

Determination of adaptation

(1) as far as in federal laws on the terms of federal police, gendarmerie, Federal safety guard, security guard, security guard corps, detective or detectives Corps reference is made in the respective grammatical form, the word "Federal Police" in the respective grammatically correct form is with effect from July 1, 2005, in their place.

(2) as far as District Gendarmerie command, gendarmerie post command or gendarmerie post reference is made in the respective grammatical form in federal laws on the concepts of national gendarmerie command, the terms Landespolizeikommando, district or city police command or police inspection in the respective grammatically correct form each occur with effect from July 1, 2005, in its place.

(3) this does not apply to the use of these terms in final and transitional provisions and entry into force- and non-power Tretensbestimmungen.

(4) If pursuant to paragraph 1 or 2 a grammatically incorrect doubling of terms caused by an adjustment, so the first of the two identical terms as well as a therefore inseparably related inter score or a thus inextricably related conjunction deleted.

Article 6

Change of the official service law the official Service Act 1979, BGBl. No. 333, as last amended by the Federal Act Federal Law Gazette I no. 130/2003 and the by-laws Federal Law Gazette I no. 88/2004, is amended as follows:

1. in article 140, paragraph 3 is replaced by:

(a) the phrase "for the head of the Gendarmerie Central Command" by the phrase "for the head of the Federal Criminal Police Office",

(b) the use of term "Gendarmerie General" by the use of term "Director of the Federal Criminal Police Office",

(c) the word "Bezirkspolizeikommissariates" by the word "Polizeikommissariates" and

(d) the name of use of "Chief Physician d. (with the addition of the service or of the word"Federal Police")" by the designation of use of "Chief Physician d. (with the addition of the name of the service or of the word"Federal Police")".

2. in article 256 paragraph 1:

(a) is replaced by the word "Polizeikommissariates" the word "Bezirkspolizeikommissariates".

b) is the name of use of "Chief Physician d. (with the addition of the name of the service or of the word"Federal Police")" by the designation of use of "Chief Physician d. (with the addition of the name of the service or of the word"Federal Police")" replaced and c) is omitted the phrase "for the head of the central command of the gendarmerie", as well as the use of term "Gendarmerie General".

3. § 284 55 the following paragraph is added:



"(55) in the version of Federal Law Gazette I no. 151/2004 article 140, para. 3, article 256, paragraph 1 and annex 1 Z 8.1 and Z 8.18 with July 1, 2005 into force."

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

5. in annex 1, 8.18 including header is inserted after Z 8.17 following Z:



"Special provision for members of the General Administrative Service grade



8.18. can the requirements of 8.15 and 8.16 Z



"a) compliance with the requirements of the Z 1.12 or 1.13, b) the successful completion of the basic training for the use of Group A 1 and c) the successful completion of the basic training for the Executive service and a minimum two-year practice in the Executive field or an at least eight years practical experience in the management of operating units including the planning and immediate management of police operations to be replaced."

Article 7

Transitional provisions (1) on the basis of the creation of uniform awake body "Federal Police" (§ 5 para 2 subpara 1 of the Security Police Act - SPG in the version of Federal Law Gazette I no. 151/2004) the Federal Minister of the Interior has the following functions to write:

State police commanders and their deputies

(2) without prejudice to the date of entry of into force of the provision of § 10 SPG in the version of Federal Law Gazette I no. 151/2004 the national police commander, in Vienna Police President, has if not these matters by regulation in accordance with § 10 par. 4 SPG are the national police commander transferred to tender the following functions within its area of effect:

Head of Department of the national police command, except the head of the State Investigation Bureau in Vienna.

(3) for the tender carried out according to paragraphs 1 and 2 the sections are OUTP I to V of the tender law 1989 -, to apply Federal Law Gazette No. 85/1989, with the following exceptions: the nomination of pursuant to § 7 para 2, output by the Central Committee of to sending member of the Evaluation Commission have all central committees, which are covered by the field of to write function to produce the agreement. If this agreement is not within 14 days after receipt of the understanding to the nomination is reached, the Federal Minister of the Interior has to nominate a member of the circle of eligible central committees. In its decision, the Federal Minister of the Interior of a balance of the composition of all peer review committees has to be guided. The tenders are according to para 1 as tenders in the meaning of § 3 and tenders pursuant to par. 2 as invitations to tender within the meaning of § 4 OUTP.


(4) function Betrauungen to bottom of para 1 and 2 can be made before July 1, 2005 and gain effect with this date. The competencies for action come to for the period until 30 June 2005 the country police commander responsible referred to in paragraph 1 referred to in paragraph 2 and to the occupation of these functions.

(5) due to the creation of the single awake body Federal Police (§ 5 ABS. 2 Z 1 SPG in the version of Federal Law Gazette I no. 151/2004) has the State Police Commander, in Vienna Police President, if not these matters by regulation in accordance with § 10 par. 4 SPG are transferred the State Police Commander, without prejudice to the date of entry of into force of the provision of section 10 SPG in the version of Federal Law Gazette I no. 151/2004 , within its area of effect for the area of the country police commands the following functions and jobs in appropriate way to write out:

Deputy Heads of Department, as well as functions for more senior officers of this organizational unit, departmental, discovery, and Assistant Division Director, their deputies, as well as all officers with or without qualification, other Executive and civil servants, except the relevant functions of the State Investigation Bureau in Vienna.

(6) on tenders after para 5, § 7 of the federal equal treatment Act, Federal Law Gazette apply no. 100/1993, where measures of increased transparency and integrate the staff representatives are is.

(7) function Betrauungen after the announcement after para 5 can occur before 1 July 2005 and gain efficiency with this date. The competencies for action come to for the period until 30 June 2005 country police commander responsible for after paragraph 5 and to the occupation of these functions.

(8) article 7 as amended by the Federal Act, Federal Law Gazette I no. 151/2004, occurs with the day following the proclamation into force and expiry of the 31 December 2005 except for power.

Fischer

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