136. Federal Law, with which the Criminal Code, the Code of Criminal Procedure in 1975, the Penal Code Act, the jury and Schöffengesetz 1990, the Federal Act on the Protection of Crimes Against The Security Of Civil Aircraft, the Weapons Act, the Federal Budget Act, the Federal Museums Act 2002, the Federal Forest Act 1996, the Pension Act 1965, the Labour Market Policy Finance Act, the Special Support Act, the Foreigners Employment Act, the Labour Market Service Act, The 1977 unemployment insurance law, which Labor Chamber Act 1992, the Family Load Balancing Act 1967, the Federal Nursing Money Act, the Federal Social Act, the Federal Disabled Law, the Gambling Act, the Federal Sports Promotion Act, the Waste Relief Law and the Act of the Federal Republic of Germany. Environmental Promotion Act as amended as well as regulations on the sale of federal shares to the Municipal Beneficial Wohnbaugesellschaft MbH Villach and the development company Aichfeld-Murboden Gesellschaft m.b.H. (Budget Support Act) 2005)

The National Council has decided:

table of contents

Section 1

Justice

1		Amendments to the Criminal Code
2		Amendments to the 1975 Code of Criminal Procedure
3		Amendments to the Penal Code
4		Changes to the jury and Schöffengesetz 1990

Section 2

Security

5		Amendment of the Federal Act on the Protection of Criminal Offences against the Safety of Civil Aircraft
6		Amendment of the Arms Act

Section 3

Federal budget, outsourced federal institutions

7		Amendment of the Federal Budget Act
8		Divestment of federal shares in the Municipal Building Company of Villach and of the development company Aichfeld-Murboden Gesellschaft m.b.H.
9		Amendment of the Federal Museum of Museums-Act 2002
10		Amendment of the Bundesforstegesetz 1996
11		Amendment of the Pension Act 1965

Section 4

Labour market

12		Change of Labour Market Policy-Finance Law
13		Amendment of the Special Support Act
14		Amendment of the Foreigners Employment Act
15		Amendment of the Labour Market Service Act
16		Amendment of the 1977 Unemployment Insurance Act
17		Amendment of the Labour Chamber Act 1992

Section 5

Social

18		Amendment of the Family Law Compensatory Act 1967
19		Amendment of the Federal Nursing Money Act
20		Amendment of the Federal Social Insurance Act
21		Amendment of the Federal Disabled

6.

Sports promotion

22		Amendment of the Gambling Act
23		Amendment of the Federal Sports Promotion Act

Section 7

Environment

24		Amendment of the Waste Disposal Act
25		Amendment of the Environmental Promotion Act

Section 1

Justice

Article 1

Amendments to the Criminal Code

A. The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. I n ° 15/2004, shall be amended as follows:

1. In § 19 (2), second sentence, the amount of "327 Euro" by the amount of "500 Euro" replaced.

2. In § 20a (2), the Z 1 is deleted.

3. In particular, in the provisions of the sixth, seventh, thirteenth and twenty-second sections, the amounts applicable to the assessment of criminal acts shall be from EUR 2 000 to EUR 3 000 and from EUR 40 000 to EUR 50 000. increased.

B. This article appears with 1. Jänner 2005 in force.

C. The one by lit. The provisions of this Article shall not apply to criminal matters in which the judgment in the first instance has been made before the entry into force of the sentence. However, following the annulment of a judgment as a result of an invalidity complaint, appeal, resumption or renewal of the criminal proceedings, or as a result of an opposition, it is necessary to proceed in accordance with § § 1, 61 StGB (German Criminal Code).

Article 2

Amendments to the 1975 Code of Criminal Procedure

A. The Criminal Procedure Code, BGBl. No. 631/1975, in last amended by the Federal Law BGBl (Federal Law Gazette). I n ° 15/2004, as amended, is amended as follows:

1. In § 90d (4), first sentence, after the words "to provide and" the twist "a cost contribution (§ 388) as well as" inserted.

2. In § 90f (3) second sentence, after the words "that he" the twist "a cost contribution bar (§ 388) and" inserted.

3. In § 90h (2) (2) (2), after the word "satisfied" the twist " , the contribution of costs (§ 388 (1) and (2)) does not apply " inserted.

4. In § 108 (1), first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

5. In § 119, para. 2, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

6. In § 143 (2), second sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

7. In § 159, first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

8. In § 160, first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

9. In § 233 (3), third sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

10. In § 235, second sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

11. In § 236 (1), the amount of "726 Euro" by the amount of "1 000 euro" replaced.

12. In § 242 (3), first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

13. In § 326, third sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

14. In § 376 (2), the word sequence shall be deleted "the value of which does not reach 363 euros and" as well as the turn "for other reasons" .

§ 381 shall be amended as follows:

(a) (1) (2) reads:

" 2.		the fees of experts; "

(b) (1) (4) reads:

" 4.		the costs of transporting and guarding the accused in connection with his transfer from another State, as well as the costs of witnesses charged from abroad; "

(c) (1) (5) reads:

" 5.		the costs arising from the seizure or search of documents, proceedings pursuant to Section 145a or the participation of an operator in the supervision of telecommunications (Section 149c (1) second sentence), unless that is the case in the With regard to the act or the penalty, it would constitute a disproportionate hardship; "

(d) In paragraph 3 (1), the amount of "4 361 Euro" by the amount of "EUR 5 000" replaced.

(e) In paragraph 3 (2), the amount of "2 181 Euro" by the amount of "2 500 Euro" replaced.

(f) In paragraph 3 Z 3, the amount of "872 Euro" by the amount of "1 500 Euro" replaced.

(g) In paragraph 3 (4), the amount of "436 Euro" by the amount of "500 Euro" replaced.

16. § 388 reads:

" § 388. (1) The provisional withdrawal from the prosecution and the provisional cessation of the proceedings to determine a trial period shall require the performance of a contribution to the costs to be replaced in accordance with section 381 (1) (1) (1) to (3) up to 250 euros (§ § 90d Abs. 1 and 90f (1)).

(2) In the case of non-profit-making or extrajudicial action, the prosecutor may not withdraw from the prosecution or the court shall not cease the criminal proceedings until the suspect has a flat-rate contribution to the 250 euros paid.

(3) § 381 (5) shall apply in respect of the assessment of the cost contributions. The payment shall be provided in so far as the maintenance of the suspect and his family, which is necessary for the purpose of a simple life, for the maintenance of which he has to provide compensation, compensation for damages, or the fulfilment of the Compensatory measures would be jeopardised. "

17. In § 393 (3), first sentence, the amounts of "182 Euro" in each case by the amount of "200 Euro" replaced.

18. § 393a (1) is amended as follows:

(a) In the case of Z 1, the amount of "4 361 Euro" by the amount of "EUR 5 000" replaced.

(b) In the case of Z 2, the amount of "2 181 Euro" by the amount of "2 500 Euro" replaced.

(c) In the case of Z 3, the amount of "1 091 Euro" by the amount of "1 250 Euro" replaced.

(d) In the case of Z 4, the amount of "364 Euro" by the amount of "450 Euro" replaced.

19. In § 408 (2), first sentence, the amount of "2 181 Euro" by the amount of "EUR 3 000" replaced.

20. In § 445a (1), first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

B. This article appears with 1. Jänner 2005 in force.

Article 3

Amendments to the Penal Code

The law enforcement law, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I n ° 15/2004, shall be amended as follows:

(1) In Section 32a (2), the amount of "2 181 Euro" by the amount of "EUR 3 000" replaced.

2. In Section 54a (2), the amount of "726 Euro" by the amount of "1 000 euro" replaced.

3. In § 113 the amount of "145 Euro" by the amount of "200 Euro" replaced.

(4) The following paragraph 13 is added to § 181:

" (13) § § 32a (2), 54a (2) and (113) in the version of the Federal Law BGBl. I n ° 136/2004 will enter into force on 1 January 2005. "

Article 4

Changes to the jury and Schöffengesetz 1990

The Jury and Schöffengesetz, BGBl. No. 256/1990, as last amended by the Federal Law Gazette (BGBl). I n ° 130/2001, shall be amended as follows:

1. In § 16 (1), first sentence, the amount of "726 Euro" by the amount of "1 000 euro" replaced.

(2) The following paragraph 1a is inserted in § 20:

" (1a) § 16 (1) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Section 2

Security

Article 5

Amendment of the Federal Act
on protection against criminal offences against the safety of civil aircraft

Federal law on protection against criminal offences against the safety of civil aircraft, BGBl. No. 824/1992, as last amended by the Federal Law BGBl. I No 104/2002, shall be amended as follows:

1. The title shall be added to the title:

"(Aviation Safety Act-LSG)"

2. § 2 is accompanied by headline:

" Security Controls

§ 2. (1) The security authorities shall ensure that preventive protection (§ 1) is ensured by the search of the clothes and luggage of the people who are informed by the Federal Minister for Transport, Innovation and Technology (§ 134a of the Aviation Act, BGBl. 253/1957) of a civilian airfield, and intend to board a civil aircraft. The search for clothing must be carried out by a person of the same sex.

(2) Furthermore, the security authorities shall ensure that preventive protection (§ 1) is ensured by the search of the clothes and luggage of the people who are informed by the Federal Minister of Transport, Innovation and technology (§ 134a of the Aviation Act), enter the security area of a civilian airfield, without going on board a civil aircraft. The search for clothing must be carried out by a person of the same sex.

(3) To the extent that preventive protection (§ 1) can be adequately guaranteed by means of a more successful means (e.g. by using X-ray equipment), the security check must be limited to this. In this case, it shall not require the consent of the person concerned.

(4) The Security Director shall be empowered, in agreement with the Federal Minister for Transport, Innovation and Technology, to Regulation for a given small civilian airfield after carrying out a site-based risk assessment; To limit security checks to the extent that preventive protection in accordance with § 1 can thus be sufficiently guaranteed. "

3. § 3 (2) reads:

" (2) The bodies of the public security service are authorized to prohibit a person from entering a civil aircraft or a security area referred to in § 2 who has a weapon, war material, ammunition, gunfire, or Explosives or any other subject prohibited by Regulation of the Federal Minister of Home Affairs, unless it is a matter of:

1.		a person who has been entrusted with the performance of safety tasks on board the aircraft by the supreme civil aviation authority of the State in which the aircraft is registered; or
2.		an institution of the public security service in the performance of business matters.
In this Regulation, the Federal Minister of the Interior has to consider the guidelines for the classification of prohibited articles listed in the annex to Regulation (EC) No 2320/2002, and to designate appropriate posts in which: the list of prohibited articles is to be made available to the public. "

4. In Section 4 (1), the phrase "Federal Minister for Public Economy and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

4a. In Section 11 (1), the text of the sentence shall be: "(2 para. 3)" by the citing quote "(2 para. 4)" replaced.

5. In § 12, the word order shall be "Federal Minister for Public Economy and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

6. § 13 (1) and (2) reads:

" (1) The amount of the security levy is 7.964 euros.

(2) The security levy, calculated in each case by a civil aircraft holder pursuant to paragraph 1, shall be reduced by the amount required for the performance of the services to be provided in accordance with § § 8 and 9 in the current year (amount of compliance). The tax debtor has to credibly make the estimated amount of compliance for the current year up to 15 May of each year to the tax office (§ 15 para. 2). Each quarter of this amount reduces the security levy calculated in accordance with paragraph 1 of this year in each application period (section 15 (3)) of this year. The debtor has to submit to the Federal Ministry of the Interior by 30 April at the latest a statement of the achievements of the previous calendar year in accordance with § § 8 and 9 as well as the costs assigned to them. The Federal Ministry of the Interior certifies that these benefits fall under § § 8 and 9. The Federal Ministry of the Interior has to submit to the tax office (§ 15 para. 2) a copy of the certificate, including the statement of the amount of the costs assigned to those services, by 30 June at the latest. "

(7) The following sentence shall be added to § 14:

"These records shall be submitted to the Federal Minister of the Interior and at the request of the tax office (Section 15 (2))."

8. § 15 para. 2 reads:

"(2) The levy is charged to the Finanzamt Wien 1/23."

9. In Section 15 (3), the phrase "in the case of the tax office responsible for the collection of turnover tax" through the phrase " at the tax office (par. 2) " replaced and is inserted as the penultimate sentence: "In the application, the amount of the expected amount of compliance arising from the registration period shall be indicated in accordance with Section 13 (2)."

10. § 15 (4) and (5) reads:

" (4) The person liable for payment shall be entitled to pay the amount of the probable amount of compliance which has been paid during the respective application period in accordance with section 13 (2) at the latest on the due date.

(5) After the end of the calendar year, the debtor shall be subject to the charge. By 30 June of each year, it shall forward a declaration of discharge for the previous calendar year to the tax office. The amount of the debt to be paid shall be the amounts paid at the assessment period (paragraph 1). 3 and 4). If the amount of duty is less than the sum of these amounts, the difference shall be credited. "

11. In accordance with Article 20 (1b), the following paragraph 1c is inserted:

" (1c) The title, § 2 para. 1, 3 and 4, § 3 para. 2, § 4 para. 1, § 11 para. 1, § 12, § 13 para. 1 and 2, § 14, § 15 para. 2 to 5 as well as § 22 para. 1 and 3 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005, § 2 para. 2 in the version of the aforementioned federal law occurs with 1. Jänner 2006 in force. Section 13 (1) and (2), section 14 and section 15 (2) to (5) in the above-mentioned version shall apply for the first time to the duties of duties arising after 31 December 2004. "

12. In § 22 (1) and (3), the word order shall be "Federal Minister for Public Economy and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced. In Section 22 (1), the turn is further "2 para. 3" through the turn "2 para. 4" replaced.

Article 6

Amendment of the Arms Act

The Weapons Act 1996, BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I n ° 134/2002, shall be amended as follows:

1. § 47 (4) reads:

" (4) In the case of persons who demonstrate that they have been assigned, within the framework of a service to a local authority, firearms subject to authorisation as weapons of service, or to those within the framework of an international agreement on the mutual recognition of documents in accordance with Article 12 (3) of the Directive on the control of the acquisition and possession of weapons (91/477/EEC), OJ L 327, 28.12.1991, p. No. 1., Article 8 (7) is to be applied only if there is evidence that the person entitled could not be reliable for one of the reasons set out in Article 8 (2), or if the person concerned is not responsible for the reasons for the application of the document. especially under psychological strain tend to deal with weapons incautiously or to use them lightly. "

(2) The following paragraph 7 is added to § 62:

" (7) § 47 (4) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Section 3

Federal budget, outsourced federal institutions

Article 7

Amendment of the Federal Budget Act

Federal Budget Law, BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I n ° 37/2004, shall be amended as follows:

1. § 1 (6) reads:

"(6) Austaken from the scope of this Federal Law are federal bodies which act on the basis of federal laws within the framework of their legal personality (particialable bodies)."

Section 13 (1) reads as follows:

" (1) The Federal Government has a report on the situation, framework conditions and development of the federal budget as well as of the non-budgetary financing projects (budget report). In particular, the budget report has to provide information on the implementation of the budget programme. The representations referred to in § 34 (3) (1) to (3) may be included in the budget report instead of in the working life. "

§ 13a together with headline reads:

" Creation of the budget programme and the budget report

§ 13a. (1) The Federal Minister of Finance has to draw up the draft budget programme and draft budget report, with the exception of personnel business matters (Section 12 (2) (4)), in so far as they relate to posts, and the Federal Government, together with the draft Federal Finance Act (Section 34 (1)). Each institution responsible for budgetary matters shall forward the necessary documents, together with explanations, to the Federal Minister for Finance in good time, in accordance with the guidelines to be established by the Federal Minister for Finance.

(2) In so far as the budget programme and the budget report relate to posts, the draft of the drafts shall be the responsibility of the Federal Chancellor in agreement with the Federal Minister of Finance. Each institution responsible for budgetary matters shall forward the necessary documents, together with explanations to the Federal Chancellor and the Federal Minister of Finance, in good time, in accordance with the guidelines to be established by this consensual. "

(4) The following sentence shall be added to Section 15b (1) (2):

"This also applies to outsourced bodies of the federal government as legal entities of public law, whose legal form is referred to differently by federal law."

5. In § 31 (1) and (2), the designation shall be: "Federal Minister for Public Performance and Sport" by the name "Federal Chancellor" replaced.

6. In § 33, the name shall be: "Federal Minister for Public Performance and Sport" by the name "Federal Chancellor" replaced.

Section 34 (1) reads as follows:

" (1) The draft of the Federal Finance Act, including the investments referred to in § § 29 and 32 of the first sentence, of the working order (paragraph 1). 3) and the budget report (§ 13) are to be submitted to the Federal Government by the Federal Minister of Finance, the draft establishment plan (§ 33) as a further annex to the Federal Chancellor in agreement with the Federal Minister of Finance for decision-making. "

8. The following paragraph 4 is added to § 34:

"(4) The representations referred to in paragraph 3 (3) (1) to (3) may be included in the budget report in accordance with § 13 instead of in the working life."

9. § 35 Z 6 reads:

" 6.		Remittantions on the assets of institutions of the Confederation or of persons (partnerships), which have the assets of their own legal personality and which are last included in financial statements and are managed by the institutions of the Federal Republic of Germany, Federal Government; with the exception of entities with partial legal capacity in accordance with § 1 (6); "

10. § 35 Z 7 is deleted.

11. In Section 36 (2), the name shall be: "Federal Minister for Public Performance and Sport" by the name "Federal Chancellor" replaced.

12. In Section 56 (3), the word "Operating Accounting" by which the expression "Cost and Performance Bill" replaced.

13. § 82 together with the title is:

" Cost and Performance Accounting

§ 82. (1) Budgetary management bodies pursuant to § 5 (1) Z 3 shall have a cost calculation and, on the basis thereof, a performance statement. The cost and benefit calculation shall be used to determine the structure of costs and performance, the design of prices and tariffs, the internal and external performance assessment and the control of the economy, and shall establish a business economy. Tax, planning and decision-making assistance (performance controlling). The results are to be presented to the Federal Chancellor and the Federal Minister of Finance.

(2) An institution which is an institution which provides for the most part in the provision of services may be charged with a cost and benefit account by the budgetary authority.

A cost and benefit account may also be applied by the competent budgetary authority to an institution in which the institution is responsible, even if substantial or significant expenditure is carried out by the institution concerned, or where an accurate estimate of the costs and benefits is provided by the institution. Knowledge of the cost of its performance is required.

(4) The budgetary management bodies shall monitor the implementation of the cost and benefit account within their area of competence. As far as downstream facing bodies lead a cost calculation, the consolidation is to be ensured in the sense of a uniform cost and performance calculation. "

14. In accordance with § 82, the following § 82a shall be inserted with the title:

" Performance Time Collection

§ 82a. For the performance calculation in accordance with § 82, the performance period shall be recorded or estimated. "

(15) The following paragraph 32 is added to § 100:

" (32) § 1 para. 6, § 13 para. 1, § 13a including the title, § 15b para. 1 Z 2, § 31 para. 1 and 2, § 33, § 34 para. 1, § 34 para. 4, § 35 Z 6, § 36 para. 2, § 56 para. 3, § 82 including the title and § 82a and the title in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force on the day after the demonstration; at the same time, § 35 Z 7 shall be repeal. § 82, together with the title and § 82a, together with the title in the version of the Federal Law BGBl. I n ° 136/2004 shall be applied for the first time in respect of the cost and performance accounts of the financial year 2005. "

Article 8

Divestment of federal shares in the Municipal Building Company of Villach and of the development company Aichfeld-Murboden Gesellschaft m.b.H.

§ 1. The Federal Minister of Finance is authorized to pay the share of the Federal Government's share in the nominal value of 729 207.43 Euro and the development company Aichfeld-Murboden Gesellschaft m.b.H. in the Nomale of 729 207.43 Euro. EUR 1 234 834.29 to be dished in the best possible way.

§ 2. The Federal Minister of Finance is also authorized to sell the claims from the federal loans granted to the development company Aichfeld-Murboden Gesellschaft m.b.H. in the best possible way.

§ 3. The operations on the basis of this article are exempt from all fees and charges regulated by the Federal Republic of Germany.

§ 4. The Federal Minister of Finance is responsible for the enforcement of this article.

Article 9

Amendment of the Federal Museum of Museums-Act 2002

The Federal Museums Act 2002, BGBl. I n ° 14, shall be amended as follows:

1. In § 5 (4), first sentence, the word sequence shall be replaced by " 1. Jänner 2001 " the phrase " 1. Jänner 2005 " and replace the phrase "68 748 502 €" the phrase "69 732 502 Euro" .

2. In Section 15 (1), the word sequence shall be replaced by the following: " 1. Jänner 2002 " the phrase " 1. Jänner 2005 " and replace the phrase "20 602 000 €" the phrase "EUR 20 778 000" .

3. The previous text of § 22 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § § 5 (4) and 15 (1) as well as Appendix A in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

4. The Annex A reads:

" Annex A

The following properties can be found in the respective transfer agreement. Lying parts of the currently used extent are covered. In the transfer agreement, the areas are to be presented in a planned way:
Museum	KG No	Katastralgemeinde	EZ	Note
Albertina	01004	Inner City	13	Parts
	01004	Inner City	14	Parts
	01004	Inner City	15	Parts
	01004	Inner City	16	Parts
	01004	Inner City	1747	Parts
Kunsthistorisches Museum	01004	Inner City	10	Goose
Museum with Museum	01004	Inner City	1	Parts
for Völkerkunde and	01004	Inner City	5	Parts
Austrian	01004	Inner City	1839	Parts
Theatre Museum	81102	Ambras	105	Parts
Natural History
Museum	01004	Inner City	9	Goose
Austrian	01006	Landstraße	1302	Parts
Gallery Belvedere	01006	Landstraße	4158	Goose
	01006	Landstraße	4159	Goose
	01657	Leopoldstadt	5805	Goose
MAK-Österreichisches	01004	Inner City	1268	Goose
Museum for Applied		Flakturm Arenberg	3404	Superädifikat
Art	01510	Pötzleinsdorf	151	Goose
	01510	Pötzleinsdorf	327	Goose
Technical Museum
Vienna with Österrei-	01210	Penzing	1846	Goose
chic media library	01009	Mariahilf	1190	Parts
Austrian	01004	Inner City	1	Parts
National Library	01004	Inner City	7	Goose
	01004	Inner City	14	Parts
	01004	Inner City	448	Goose
	01004	Inner City	1747	Parts	"

Article 10

Amendment of the Bundesforstegesetz 1996

The Federal Act on the Reorder of Legal Conditions of the Austrian Federal Forests and the erection of a joint-stock company for the continuation of the operation "Österreichische Bundesforste" (Federal Forest Law 1996), BGBl. No 793/1996, as last amended by the Federal Law BGBl. I n ° 142/2000, is amended as follows:

1. According to Article 2 (2), the following paragraphs (2a) to (2c) are inserted:

" (2a) The pension rights and pension obligations within the meaning of paragraph 2 shall be continued by the Federal Government in accordance with Section 13 (1a).

(2b) The Company shall provide the Federal Government with the sum of EUR 100 million by 31 March 2005 for the obligations assumed by it pursuant to Section 13 (1a) and the administrative expenses associated with it.

(2c) If a worker within the meaning of Section 13 (1) of the Pension Act 1965, which charges him for the first time after 31 December 2004, is entitled to benefit, the company shall have within one month after the agreement has been reached on the assertion of the right to benefits in accordance with § 81 (4) of the Pension Act 1965, but at the earliest within one month after termination of the service relationship, which is the entitlement to the compensation pursuant to § 67 of the Collective Contract pursuant to § 13 (6) to be paid to the Federal Government. "

2. § 2 (6) reads:

" (6) The share capital of the company shall be at least 150 million euros. The sole founder of the company is the federal government, represented by the Federal Minister for Agriculture, Forestry, Environment and Water Management. The capital increase of EUR 200 million to EUR 150 million shall be effected by converting part of the uncommitted capital reserve pursuant to para. 2 and 4 retroactively to 31 December 2003, on the basis of the balance sheet as at 31 December 2003. § 2 (4), (5) and (6), § 3 (1), § 4 and § 5 of the Capital Correction Act, BGBl. No 171/1967, are not to be applied; the other provisions of the Federal Law referred to above shall apply mutatily. The Articles of Association shall be amended immediately and the change to the Company Book shall be notified. "

3. According to Article 13 (1), the following paragraph 1a is inserted:

" (1a) The rights and obligations in relation to the company relating to pension rights and pension rights as set out in paragraph 1 of 31 December 2004 shall be 1. Jänner 2005 on the federal government. "

4. In Section 13 (2), the word order shall be deleted "and for claims of the former employees and the survivors within the meaning of paragraph 1" .

5. In Section 13 (10), the word order shall be deleted "as well as the pension provision" .

6. § 15 together with the title is:

" Involvement of Bundesrechenzentrum GmbH

§ 15. Until the date referred to in § 17, the Bundesrechenzentrum GmbH shall continue to carry out its duties to the Federal Office for the purpose of the Federal Office of the Federal Office for the purpose of carrying out its duties in respect of the company at the request of the Federal Office for the remuneration of the Federal Office for the Remuneration of the Company to take over. "

(7) § 17a shall be replaced by the name " 17b. " ; before the previous § 17a the following new § 17a and headline shall be inserted:

" In-Force Trees

§ 17a. § 2 (2a) to (2c) and (6), section 13 (1a), (2) and (10), § 15, and the title of the former § 17a as § 17b in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 11

Amendment of the Pension Act 1965

The Pension Act 1965, BGBl. N ° 340, as last amended by the Federal Law BGBl. I n ° 134/2004, shall be amended as follows:

(1) The following paragraph 8 is added to § 80:

"(8) Contributions in accordance with paragraph 1, which shall become due after 31 December 2004, shall be deducted from the federal government."

2. § 81 together with the title is:

" Tasks of the Federal Penal Office as well as the assertion of benefits

§ 81. (1) The Bundespensionsamt (Bundespensionsamt) is a pension office from 1. Jänner 2005 for the Federal Government the rights and obligations of the employer in respect of the services regulated in this section. This shall apply, in particular, to the calculation and payment of the information referred to in this Section from 1. January 2005 due services. The Austrian Federal Forests AG is entitled and obliged to provide the Federal Office with the necessary information for this purpose.

(2) The Bundespensionsamt (Bundespensionsamt) has the staff (his/her surviving dependants) after termination of the service the amount of the copy to be taken into consideration in accordance with § 67 KV and the amount of the amount determined in accordance with § 78 Please inform us in writing of the settlement (supply).

(3) The decision on the recognition of the pension from the statutory pension insurance is to be submitted immediately by the staff member (his survivors) to the Federal pensioner. The staff member or his/her survivors are obligated to arrange for the Federal Republic of Germany and the Federal Republic of Germany to do everything in order to enable the Federal Government to represent the person entitled to the pension against the communication. . The Federal Government shall bear any costs of representation.

(4) The right to benefits under this section shall be in writing, in the case of other exclusion, up to three months after the legal force of the decision on the award of the pension from the statutory pension insurance scheme at the Federal Pension Office to assert. If the staff member of the Österreichische Bundesforste AG is entitled to the right to be dispatched in accordance with § 67 KV in place of the claims under this Federal Act, this is from the Österreichische Bundesforste AG (Austrian Federal Forests) to the Bundespensionsamt (Bundespensionsamt) in writing without delay. The Bundespensionsamt (Bundespensionsamt) shall immediately inform the Austrian Federal Forests AG in writing of the use of benefits under this section.

(5) In the event that a staff member dies after termination of the service within the period laid down in paragraph 4 before he has claimed the right to benefits under this Section, his or her surviving dependants shall be entitled to entitles the right to benefits under this section for other exclusion up to the maximum of three months after the legal force of the decision on the award of their pension from the statutory pension insurance at the Federal pensioner in writing.

(6) The assertion of the claims under subsections 4 and 5 shall be irrevocable.

(7) If the entry of the insurance case is proven in the statutory pension insurance, the grants may be pre-paid at an appropriate level.

(8) The recipients of the grants are obliged to report any changes in the pension from the statutory pension insurance to the Federal pensioner without delay. Proof of the pension cover must be provided by the Bundespensionsamt (Bundespensionsamt). "

Section 82 (3) reads as follows:

"(3) Grobe loyalty surges of the former staff member against the Österreichische Bundesforste AG entitle the Federal Government to cease the services provided for in this section."

4. § § 84 and 85 together with the headings are:

" Involvement of Bundesrechenzentrum GmbH

§ 84. The Bundesrechenzentrum GmbH is to be transferred as a service manager to the performance of the services due under this section.

Responsibility of the Labour and Social Courts

§ 85. Legal disputes relating to this section shall be determined in accordance with the provisions of the Labour and Social Courts Act, BGBl. No. 104/1985, locally competent court. "

(5) The following paragraph 48 is added to § 102:

" (48) § 80 (8), § 81 including the title, § 82 (3) and § § 84 and 85 together with headlines in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Section 4

Labour market

Article 12

Change of Labour Market Policy-Finance Law

The Labour Market Policy-Financing Act (AMPFG), BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. § 1 (1) Z 6 reads:

" 6.		other resources made available "

2. In § 1 paragraph 2 Z 8 the expression "§ 48 (6)" by the expression "§ 48 (5)" replaced.

3. In § 1 (2) Z 11 the expression "§ 6 (2)" by the expression "§ 6 (1)" replaced.

4. § 1 para. 2 Z 12 reads:

" 12.		for transfers to holders of the pension insurance in accordance with § 6 para. 2 and "

5. The following paragraph 4 is added to § 1:

"(4) Abducts in the building of labour market policy must be borne by the federal government."

6. § 6 reads:

" § 6. (1) The transfers to the labour market service referred to in Article 1 (2) Z 11 shall be made in order to compensate for the labour market policy in the amount in which, in a calendar year, the revenue in accordance with Article 1 (1) is the expenditure in accordance with Article 1 (2), except for Z 11, .

(2) In 2005 and 2006, the Labour Market Service, provided that Section 44 (1) (13) of the ASVG, is not yet to be applied in the version of the Pensionsharmonization Act, has received EUR 228 000 000 from the labour market policy of each of the Pension insurance institution for flat-rate repayment of expenses for early retirement pensions in the case of unemployment.

(3) The labour market service is entitled to receive up to EUR 6 800 000 in 2005 and up to EUR 20 100 000 in 2006 from the funds not used for the purposes of the promotion of the labour market in accordance with § 1 (2) (2) (2) (2) (2) "

(4) From 2007 onwards, the Labour Market Service (Labour Market Service) has not exceeded EUR 21 801 850 from the labour market policy for the purposes of business-related labour market promotion, at that level, in order to give the necessary payments to the Federal estimates for this purpose exceed to be transferred to the federal government. "

8. § 7 reads:

" § 7. (1) The Federal Government denies the expenses in accordance with Article 1 (2), except for Z 11, for the advance of the Federal Government. The Federal Government is responsible for the revenue in accordance with Article 1 (1).

(2) The payment of personnel and material expenses (Section 1 (2) (1) (1)) of the Federal Employment Service (Labour Market Service) is, for the first time, in monthly instalations, each in the amount of one twelfth of the corresponding federal financial legal approach, up to the fifth of the Month. At the end of a calendar year, the Labour Market Service shall immediately submit to the Federal Government a provisional statement of the expenditure on personnel and material, on the basis of which the provisional compensation of the obligations between the Federal Government and the Federal Government shall be Labour market service has to be carried out.

(3) The replacement services of the Federal Government to the Labour Market Service in accordance with Section 1 (2) (8) are to be instruct in good time that the repayment plan agreed between the labour market service and the respective lender can be fulfilled.

(4) The amount of the transfer referred to in Article 1 (2) Z 11 shall be determined at the end of a financial year in the course of the preparation of the provisional federal financial statements of the Gebarung Labour Market Policy and then immediately the settlement of the Gebarungscompensation by To carry out the transfers. The final settlement of the labour market policy has to be done on the basis of the Federal Financial Statements. The remittantions are to be made in time for them, according to the Federal Budget Act, BGBl. No 213/1986, nor can it be attributed to the financial year for which they are to be paid. '

(6) The following paragraph 26 is added to § 10:

" (26) § 1 (1) Z 6, para. 2 Z 8, 11 and 12 and para. 4, § 6 and § 7 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 13

Amendment of the Special Support Act

The Special Support Act (SUG), BGBl. No. 642/1973, as last amended by the Federal Law BGBl. I n ° 142/2000, is amended as follows:

1. Art. I § 1 para. 2 reads:

" (2) In the assessment of the willingness to work and the reasonableness of employment within the meaning of § 9 of the AlVG, the age of the unemployed, the expected duration of the occupation, is to be transferred to the possible need or to the age of the unemployed. pendulating as well as taking care of the duration of an all-inclusive labour market training. "

2. Art. I § 4 shall receive the sales designation (1); the following paragraph 2 is inserted:

" (2) However, the conditions for the right to special assistance have already been met from a Saturday, Sunday or public holiday and the claim during this Saturday, Sunday or public holiday is not in accordance with § 2 of the German law. , the special support shall be returned retroactively from the Saturday, Sunday or Saturday in question. statutory public holiday, provided that the claim has been made on the following working day. "

3. In Art. I § 5 (5) shall be inserted after the first sentence of the following sentence:

"§ 617 ASVG is to be applied."

4. In Art. I § 7 para. 1 Z 2 shall be the expression "7,25" by the expression "7,4" replaced.

5. In Art. 1, § 8, § 9, § 10 (1), § 11, and § 12 (1) and (2), the term " "Versicherungsanstalt des Austrian Bergbaues" in each case by the expression "Insurance Institute for Railways and Mining" replaced.

6. Art. I § 7 (3) reads as follows:

" (3) The sickness insurance contribution referred to in paragraph 1 Z 2 shall be withheld from the special assistance. However, this does not apply to claims in accordance with Art. 4 (3). The extent of the retained contribution is 4.25 vH in 2005 and 4.75 vH in 2006, in 2005, in the case of references to which the amount was incurred before 2004. The amount of the contribution in 2004 is 3.75 vH in 2005, 4.25 vH in 2006 and 4.75 vH in 2007 for the year 2005. In the case of the 2005 and 2006 contributions, the contribution will be 4.25 vH in 2005 and 2006 and 4.75 vH in 2007. From 2008 onwards, the health insurance contribution pursuant to Section 1 (2) is to an extent corresponding to the current health insurance contribution for recipients of a pension under the ASVG (Article 8 (1) Z 1 ASVG in conjunction with Section 73 (1) Z 1 ASVG). to be withheld from the special assistance. "

7. Art. I § 13 reads:

" § 13. § § 8, 9, 10, 11, 12, 21a and 22 (1) of the unemployment insurance act 1977 are to be applied with the proviso that the special support shall be replaced by the place of unemployment benefit. In the calculation of income from temporary employment, special payments shall be exempted from the credit. "

8. Art. V shall be added to the following paragraph 17:

" (17) § § 1 (2), 4, 5 (5), 7 (1), (1), (1), (8), (9), (1), (1), (11), (1) and (2) and (13) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 14

Amendment of the Foreigners Employment Act

The Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 28/2004, is amended as follows:

1. § 18 (3) reads:

" (3) For foreigners who

1.		from their foreign employer within the framework of a joint venture and on the basis of an in-company training programme no longer than six months for company training in a company with a registered office in the Federal Republic of Germany or
2.		within the framework of an internationally operating group based on a qualified in-house training and continuing education programme from a foreign group company, no longer than 50 weeks into the headquarters in the Federal Republic of Germany
, no sending or employment permit is required. The training or Training and further education measures are not later than two weeks before the start of the holder of the domestic training company (Z 1) and/or from the headquarters (Z 2) of the relevant regional office of the Labour Market Service, with proof of the joint venture contract and the training programme, or the training programme, the objectives, the measures and the duration of the training, or Training is indicated. The regional office has to issue a confirmation of notification within two weeks. The training or Initial and further training may only be started after the confirmation of the display has been confirmed. "

(2) The following paragraph 27 is added to § 34:

" (27) § 18 para. 3 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. January 2005 in force and shall apply to situations which occur after 31 December 2004. "

Article 15

Amendment of the Labour Market Service Act

The Labour Market Service Act (AMSG), BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I n ° 77/2004, shall be amended as follows:

1. § 35 (3) reads:

§ § 40 to 43 of the AlVG are valid for the sickness and accident insurance of the recipients of an aid to cover the substandard of life, with the proviso that the recipients of benefits under the AlVG are to be replaced by the recipients of aid to cover the costs of the aid. of the substandard and of the benefits related to the aid. "

2. § 35 (4).

§ 48 reads:

" § 48. (1) The Labour Market Service may, with the agreement of the Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister of Finance, take up loans by decision of the Administrative Board in agreement with the Federal Minister for Finance, if the protection of the expenses pursuant to § 41 (1) in the short term and temporarily, it requires additional funds.

(2) In accordance with Section 7 (2) of the Labour Market Policy Finance Act, credit must be paid annually at the latest at the latest on the occasion of the provisional statement of settlement.

(3) The labour market service has to be used in the case of credit received in accordance with paragraph 1 of the Federal Finance Agency.

(4) The Federal Minister of Finance is authorized to assume liability of the Federal Government for loans taken up in accordance with paragraph 1 in accordance with the applicable Federal Finance Act.

(5) The costs incurred by borrowing, such as interest, credit agreement fees and account management fees and other expenses as well as the repayment are the labour market service from the Federal Government at the expense of the labour market policy (§ 1 para. 2 Z 8 of the German Federal Government). Labour Market Policy Finance Law). "

4. In § 49 (2), the expression "§ 48 para. 1 Z 1" by the expression "§ 48 (1)" and the expression "§ 48 (6)" by the expression "§ 48 (5)" replaced.

(5) The following paragraph 17 is added to § 78:

" (17) § 35, § 48 and § 49 paragraph 2 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 16

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 77/2004, shall be amended as follows:

1. In § 3 (3) and § 43a (1) Z 2, the expression "§ 44 para. 6 lit. b" by the expression "§ 44 para. 6 lit. c" replaced.

2. In § 40 (2), the expression "Versicherungsanstalt des Austrian Bergbaues" by the expression "Insurance Institute for Railways and Mining" replaced.

3. § 42 (1) and (2) reads:

" (1) The expenses incurred by the sickness insurance institutions for benefits to be provided to benefit recipients under this Federal Act shall be deducted from a sickness insurance contribution in the amount of 7.4 vH of the benefit in question.

(2) In addition, the expenses incurred by the sickness insurance institutions are for benefits for sickness benefit to be provided under this Federal Act of 4. up to 56. Sick leave per sick leave should be deducted. The rate of termination shall be calculated on a monthly basis together with the sickness insurance contribution on the basis of the number of corresponding sick days and the average level of the benefits of the second preceding year at the level of one twelfth of the year-on-year expenditure. After the number of corresponding days of sick leave and the average level of the benefits of each previous year, the difference between the amount of compensation paid and the amount of retribution in the second half of the year shall be determined by the Quarter of the current year. "

4. The following paragraph 79 is added to § 79:

" (79) § § 3 (3), 40 (2), § 42 (1) and (2) and 43a (1) (2) and 43a (1) (2) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

(5) In § 80 (10) the expression "2004" by the expression "2005" replaced.

Article 17

Amendment of the Labour Chamber Act 1992

The Labor Chamber Act 1992, BGBl. N ° 626/1991, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. In § § 45 (1) and 92 (1) the following expression shall be stated: " in the sense of the Data Protection Act, BGBl. No 565/1978, " by the expression " in the sense of the Data Protection Act 2000, BGBl. I No 165/1999, ' replaced.

(2) The following paragraph 12 is added to § 100:

" (12) § § 45 (1) and 92 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Section 5

Social

Article 18

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I n ° 110/2004, is amended as follows:

1. § 39g reads:

" § 39g. From the compensation fund for family allowances, the Federal Government (Federal Minister of Finance) has to pay a lump sum of EUR 20 million for the years 2005 and 2006, each of which is EUR 20 million for the administrative burden of the enforcement of this sum. Federal law is to be used by the financial administration. "

§ 39h reads:

" § 39h. The compensation fund for family allowances is financed by the Federal Government for the purpose of granting support measures under the Law on Student Promotion in 1992, Federal Law Gazette (BGBl). No. 305, to pay an amount of EUR 14 535 000 in 2005 and 2006. "

3. In accordance with § 50w the following § 50x is inserted:

" § 50x. § § 39g and 39h in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 19

Amendment of the Federal Nursing Money Act

The Federal Care Money Act (BPGG), BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I n ° 138/2003, shall be amended as follows:

1. § 5 reads:

" § 5. The care allowance is to be paid twelve times a year and is monthly

to		Level 1 ....								148,30 Euro,
to		Level 2							...............	273,40 Euro,
to		Level 3							....................	421,80 Euro,
to		Level 4							............................................	EUR 632,70,
to		Level 5							.......................................................	EUR 859,30,
to		Level 6							.........................................................................		1 171,70 Euro
and		in stage 7							................................................................................................		1 562.10 Euro. "

(2) The following paragraph 5 is added to § 44:

" (5) The same as in paragraph 1 are with effect from 1. To increase January 2005 by 2% on its own account and to round it up to the full 10 cents in accordance with § 18 (4). The multiplication shall be based on the amounts due for the year 2004. "

3. In § 47 (1), last sentence, the expression "191,50 Euro" by the expression "195,30 Euro" replaced.

(4) The following paragraph 7 is added to § 49:

" (7) § 5, § 44 (5) and § 47 (1) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 20

Amendment of the Federal Social Insurance Act

The Federal Social Insurance Act (BSAG), BGBl. I No 150/2002, is amended as follows:

Article 3 (2) shall not apply; the previous paragraphs 3 and 4 shall be given the name "(2)" and "(3)" .

(2) The following paragraph 3 is added to § 10:

" (3) § 3 (2) and (3) in the version of the Federal Law BGBl. I n ° 136/2004 as well as the repeal of Section 3 (2) shall enter into force with the day following the event. "

Article 21

Amendment of the Federal Disabled

The federal disability law, BGBl. No. 283/1990, as last amended by the Federal Law BGBl. I No 150/2002, is amended as follows:

1. The following § 1a is added to § 1:

" § 1a. As far as the following personal names are mentioned only in male form, they refer to women and men in the same way. The gender-specific form must be used in the application to certain persons. "

2. In § 27 the word sequence shall be deleted " , in whose sails the disabled person has his permanent residence, " and the last sentence.

3. § 35 reads:

" § 35. (1) The expenditure incurred by the Fund for the retribution of the additional charges under this Section shall be replaced by the Federal Government in so far as it is responsible for the expenses incurred by the General Accident Insurance Institution for the purposes of the retribution of expenses under this Section. Section by 31 December 2003, where appropriate advances are to be made.

(2) The Fund shall be obliged to separate the funds for the payment of the additional charges under this Section from the other Funds and to present them in a separate accounting circuit. The billing shall be effected with the clearance of accounts. "

4. Section V is:

" Section V

Capping of the standard consumption levy

Requirements

§ 36. (1) In the case of the supply of motor vehicles for disabled persons, the burden arising from the 1991 standard-consumption law, BGBl. No 695, shall be deducted from the Support Fund for Persons with Disabilities, if the following conditions are met, the Federal Office for Social Affairs and the Disabled Persons shall apply:

1.		Approval of the motor vehicle for the disabled person;
2.		his own right to steer disabled persons; a disabled person who cannot obtain a steering authority is to be credited with the fact that the motor vehicle is primarily used for his or her personal promotion;
3.		Evidence of the unacceptability of the use of public transport due to permanent health damage caused by
-			an ID according to § 29b of the Road Traffic Regulations 1960, BGBl. No 159;
-			the registration of a permanent strong disability or the unacceptability of the use of public transport due to permanent health damage or blindness in the disabled passport in accordance with § § 40ff;
4.		Proof of the acquisition of the motor vehicle by the disabled person; in the case of reduced business capacity of the disabled person, it must be made credible that the motor vehicle is predominantly for his or her personal transport will be used.

(2) Non-profit-making associations based in the Federal Republic of Germany shall, upon request, be subject to the burden resulting from the Standardisation Consumption Act in 1991, if proof is provided that the motor vehicle is primarily intended for the carriage of disabled persons. People are being used.

(3) The calculation of the burden shall be based on the purchase price of the motor vehicle up to an amount of EUR 20 000, plus the costs of the additional equipment required by the disability.

(4) A new application for the retribution of the standard consumption levy shall not be allowed until after five years, unless there are circumstances which are particularly worthy of consideration. For the purpose of calculating this period, the data relating to the registration of motor vehicles shall be decisive.

(5) If special hardship results from the application of paragraph 1, the Federal Minister for Social Security, Generations and Consumer Protection may, on request, grant a similar benefit as compensation.

Movement by the Federal Government

§ 37. The expense of the fund for the retribution of the burden according to § 36 shall be replaced by the Federal Government, with advances to be made on demand.

Applications, procedures

§ 38. (1) Applications for retribution of the burden resulting from the 1991 standard consumption law must be submitted to the Federal Office for Social Affairs and Disability (Bundesamt für Soziales und disability), following the required evidence.

(2) The provisions of the General Administrative Procedure Act 1991, BGBl, shall apply to the procedure for the retribution of the burden resulting from the Law on Standardisation Consumption 1991. 51, subject to the proviso that the appeal period shall be six weeks.

(3) The Bundesappeals Commission (Bundesappeals Commission) decides on appeals against the federal office of social affairs and disability in accordance with § 36 of the Federal Employment Commission Act (BGBl). I No 150/2002.

Application of other provisions

§ 39. Section 22 (2) (1) and (30) shall apply in the case of decisions pursuant to Section 36. Section 41 (3) and section 45 (4) shall apply mutatily. "

5. In § 41 (1) (2), the point is deleted; after the expression " the expression "or" is inserted and the following Z 3 is added:

" 3.		a case of section 40 (2). "

(6) The following paragraph 3 is added to section 41 (2):

" (3) A disabled passport holder or the holder of a disability passport shall not be entitled to a reasonable medical examination without a valid reason for a written request, he shall refuse to make a decision for the decision making an essential medical examination, or refuses to provide the information which is essential for the implementation of the procedure, the procedure shall be adjusted. He has been shown to be aware of the consequences of his behaviour. "

§ 46 reads:

" § 46. The procedure for issuing and confiscation of a disability passport shall be based on the provisions of the General Administrative Procedure Act 1991, BGBl, unless otherwise specified in this Federal Act. No. 51, and the Administrative Enforcement Act 1991, BGBl. 53, subject to the proviso that the period of appeal shall be six weeks. '

8. § 49 is deleted.

9. The following paragraph 8 is added to Section 54 (7):

" (8) 1.		Section 55 (1) in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force with the day following the event.
2.		§ 35 shall enter into force 1. Jänner 2004 in force.
3.		§ 1a, § 27, Section V with the title, § 41 (1) Z 2 and Z 3, § 41 (3), § 46, § 56 Z 6 in the version of the Federal Law BGBl. I n ° 136/2004 as well as the repeal of Section 49 are to be taken with 1. Jänner 2005 in Kraft. "

10. In § 55 (1) the expression "30 June 2001" by the expression "31 December 2003" replaced.

11. § 56 Z 6 reads:

" 6.		as regards Section 48 of the Federal Minister for Transport, Innovation and Technology, in agreement with the Federal Minister for Social Security, Generations and Consumer Protection; "

6.

Sports promotion

Article 22

Amendment of the Gambling Act

The Federal Act on the Rules of Gambling (Gambling Act-GSpG) BGBl. N ° 620/1989, as last amended by the Federal Law BGBl. I No 125/2003, shall be amended as follows:

1. § 20 reads:

" § 20. The Federal Government provides BGBl for the purposes of special sports promotion in accordance with § § 8 to 10 of the Federal Sports Promotion Act (BGBl). No. 2/1970, as amended, an annual amount equal to 3 vH of the revenues (§ 232 para. 1 HGB) of the Austrian Lotteries from the plays according to § § 6 to 12b available. This amount must not be less than EUR 40 million per year. Turnover shall be used in the balance sheet of the previous year of the Austrian lotteries. Up to the current account balance, the amount of EUR 40 million will be accrued to the recipients of subsidies in a monthly rate of constant rates. After that, the monthly allocation shall be increased immediately to the newly calculated amount. "

(2) The following paragraph 17 is added to § 59:

" (17) § 20 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 23

Amendment of the Federal Sports Promotion Act

The Federal Sports Promotion Act, BGBl. No. 2/1970, as last amended by Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. In § 8 (1) the citation shall be " § 20i of the gambling law, BGBl. N ° 169/1962, as amended by Article I of the Federal Law BGBl. No 292/1986 ' through the citation " § 20 of the gambling law, BGBl. N ° 620/1989, as amended, ' replaced.

2. In § 8 (3)

(a) the name "Austrian Federal Sports Organisation (BSO)" by the name "BSO" replaced,

(b) by the word "anyway" the twist "the Austrian Federal Sports Organization (BSO)," as well as

(c) the expression "Sport and body culture" through the phrase "Sport and body culture" and the name "Austrian Turn-and Sport-Union" by "Sportunion Österreich" replaced.

3. In § 9 (1), the entry rate shall be:

"The Federal Chancellor has to split up the funding in accordance with § 8 (1) corresponding to Z 1 to 4."

4. In Section 9 (1) (1) (1) (1), the percentage shall be the percentage "4 vH" by the percentage "5.44 vH" and in lit. d replaces the line point with a dash. In addition, the following lit. e is added:

" e)		1.44 vH to the BSO for the performance of their central coordination tasks and as a cost substitute for the performance of the tasks according to § 10. "

5. § 9 (1) (2) is:

" 2.		Of the remaining 94.56 vH, 36 322 560 euro shall be divided in accordance with the rules of Z 3 and 4; "

6. The following Z 5 is added to Section 9 (1):

" 5.		The EUR 36 322 560 in accordance with Z 2 is to be used:
a)			for the support new recognition and as of 1. Jänner 2005 recognised professional associations and
b)			for the support of innovative structural reforms and projects of recognised professional associations.
To the extent that funding is not used for these purposes, these are to be made available to the institutions listed in Z 4 lit. a, b and d to support innovative structural reforms and projects. "

7. In § 9 para. 2, the citation shall be "§ 20i (2) and (3)" through the citation "§ 20" replaced.

8. In Section 9 (4), the word shall be deleted after the word "Professional Associations" the dash and the phrase "for start-ups to the BSO-newly opened trade associations" .

9. In § 10, last sentence, the citation "§ 8 (1)" through the citation "§ 9 para. 1 Z 1 lit. e" replaced.

10. In § 3 (1) and (2), § 10, § 17 (1) and (20), the term " "Federal Minister for Education, Arts and Sport" by the name "Federal Chancellor" and in Article 5 (4) (1), the name "Federal Ministry of Public Performance and Sport" by the word "Federal Chancellor ' s Office" replaced.

(11) § 21 is added to the following paragraph 4:

" (4) § 3 (1) and (2), § 5 (4) (Z) 1, § 8 (1) and (3), § 9 (1), (2) and (4), § 10, § 17 (1) and (20), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 136/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Section 7

Environment

Article 24

Amendment of the Waste Disposal Act

The Old Load Relief Act, BGBl. No 299/1989, as last amended by the Federal Law Gazette (BGBl). I No 71/2003, shall be amended as follows:

1. In Art. I § 3 para. 2 Z 1 read lit. b and the final part:

" (b)			Contaminated sites in the Altlastenatlas
		, or "

2. Art. I § 12 (4) reads:

" (4) In the event that the budgetary arrangements in 2005 and 2006 require funding for the financing of replacement measures in accordance with § 4 VVG in the case of contaminated sites, the Federal Minister for Agriculture and Forestry, The environment and water management are authorized to use up to 15 million euros in total from the funds of the AltlastenContributions in both years. In addition, the Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized, in agreement with the Federal Minister of Finance, to conclude agreements with other local authorities on the contributions of the Federal Government to its staff and To complete the administrative burden on replacement charges in the case of contaminated sites; this expenditure shall be borne by means of the contributions of the AltlastenContributions. § 11 VVG shall remain unaffected. "

3. Art. I § 13 para. 1 last sentence reads:

" The data and knowledge gained from the collection must be transmitted to the Federal Environment Agency (Umweltbundesamt), to be used by the Federal Environment Agency (Umweltbundesamt) and to be used in a land register (Section 11 (2) (2)) of the German Federal Environment Agency (Umweltbundesamt). "

4. Art. I § 13 para. 2 reads as follows:

" (2) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to coordinate all measures for the assessment of the hazard potential of the covered suspicity areas for the collection of contaminated sites. The areas in need of protection or rehabilitation which are determined on the basis of the risk assessment are to be identified as contaminated sites in a Regulation (Altlastenatlas). As a service provider for the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Federal Environment Agency has a database on the risk assessments and the priority classifications according to § 14 (1) on the suspicion and to publish the data on the Internet site of the Federal Environment Agency. "

5. Art. I § 13 (3) shall be deleted.

6. In Art. I § 14 (1) shall not be followed by the phrase "after hearing of the national capitals" .

7. In Art. I § 14 (2) shall be the order of the word "to label" by "expel" replaced.

8. Art. I § 14 (5) shall be deleted.

9. Art. I § 17 (2) reads as follows:

"(2) The concentration of responsibility at the Landeshauptmann occurs with the expulsion of the old burden in the Regulation (Altlastenatlas)."

10. In Art. I § 22 para. 1 shall be the reference "17 (3)" by "17 (4)" replaced.

11. In Art. I § 27 (4) in the second list, the terms of the classification "1." , "2." and "3." by "(a)" , "(b)" and "c)" replaced.

12. In Art. VII, paragraph 13, the reference "§ 23a (2)" by "§ 23a" replaced.

13. The Art. VII and the following paragraphs 14 and 15 are added:

" (14) § 3 (1a) shall not apply to facts which occurred in the period of 1 January 2008. January 2005 to 31 December 2005.

(15) § 3 para. 2, § 12 para. 4, § 13 para. 1 and 2, § 14 para. 1 and 2, § 17 para. 2, § 22 para. 1 and § 27 para. 4 in the version of the Federal Law BGBl. I n ° 136/2004 shall enter into force 1. Jänner 2005 in force. At the same time, Section 13 (3) and Section 14 (5), in the version in force at this point in time, are repeal. "

Article 25

Amendment of the Environmental Promotion Act

The Environmental Promotion Act (UFG), BGBl. No. 185/1993, as last amended by the Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. § 6 para. 2 reads:

" (2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, for purposes of municipal water management (§ § 16 et seq.), pledge funding and grant contracts according to paragraph 1, the extent of which

1.		in the years 1993 to 2000, a total value of EUR 283,424 million,
2.		in 2001, a total value of EUR 254,355 million, and
3.		in the years 2002 to 2008, a total value of EUR 218,019 million in cash
. Up to 25 vH of the annual maximum amount can be committed as a anticipation of the respective following year of funding or can be granted on orders pursuant to paragraph 1. Funds which have been promised or which have not been taken up by order, but which have not been used, can be renewed or awarded again by the end of 2008. "

2. § 6 (2a) last sentence reads:

"By the end of 2008, pledged funds or funds committed by order, but not used, can be renewed or awarded again."

3. § 11 sec. 2 Z 5 in the version of the Federal Law BGBl. I No 47/2002.

4. § 11 para. 3 Z 5 reads:

" 5.		the preparation and preparation of documents for the relevant Commission and the implementation of the decision of the Federal Minister for Agriculture, Forestry, Environment and Water Management with regard to the measures pursuant to section 12 (8); "

5. § 13 (4) to (6) reads:

" (4) The funding guidelines for the promotion of environmental protection abroad are intended to include the test criteria for measures in Austria for the provision of funding, in particular the efficiency of the measure, its relevance for Austria and the risks associated with environmental pollution must be taken into account. For measures according to § 24 Z 6 lit. In addition, the test criteria of the Austrian JI/CDM Programme (§ § 38 to 43) are to be applied in a reasonable way.

(5) In the case of the release of the Directives, the agreement shall be

1.		with the Federal Minister of Finance, with regard to the directives referred to in paragraphs 2 and 4, and
2.		with the Federal Minister for Economic Affairs and Labour with regard to
a)			the directives referred to in paragraph 2 concerning urban water management, the promotion of environmental protection in Germany and the promotion of environmental protection abroad, and
b)			the directives referred to in paragraph 3
.

(6) The directives to be adopted by the Federal Minister for Agriculture, Forestry, the Environment and Water Management (paragraph 1) 2 to 4) are to be published in the "Official Journal of the Wiener Zeitung". This declaration may be replaced by the announcement of the release of the directives, stating the place of their existence in the "Official Journal of the Wiener Zeitung". "

6. In accordance with § 17 (1) Z 2 the following Z 2a is inserted:

" 2a.		Structural improvement measures in the area of water supply and sanitation, leading to efficiency gains; "

7. § 35 reads:

" § 35. The aim of this programme is to use the flexible mechanisms provided for in the Kyoto Protocol to the United Nations Framework Convention on Climate Change, in particular the project-based mechanisms " Joint Implementation-Joint Implementation Implementation "and" Clean Development Mechanism-Clean Development Mechanism " (JI- and CDM) in the context of the national objectives of climate protection and in accordance with the objectives of sustainability contribute to the achievement of the Austrian reduction target of 13% of emissions of greenhouse gases in accordance with Annex II to the Decision on the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of the objectives of the Kyoto Protocol, Commitments (2002/358/EC), OJ No. OJ L 130 of 15.05.2001 S 1. This excludes such transactions in accordance with Article 17 of the Kyoto Protocol, which are not project-supported. To the extent that projects are carried out in developing countries, the objectives and principles of Austrian development policy are in accordance with § 1 of the German Federal Law on Development Cooperation, BGBl. I n ° 49/2002. '

Section 39 (1) reads as follows:

" (1) The approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the purchase of claims for emission reduction units from a project in accordance with Section 37 (1) requires that:

1.		the project complies with the criteria laid down in the Directives in accordance with Section 43;
2.		in the case of JI or CDM projects, the criteria laid down in the relevant international binding agreements are met;
3.		the host country agrees to the project and, in the case of a project in a contracting party to Annex 1 to the Framework Convention on Climate Change, the transfer of emission reduction units.
4.		the emission reduction units for Austria are to be credited;
5.		the financing of the measure is ensured, taking into account the purchase of the claims to emission reduction units; and
6.		the objectives and principles of the Austrian development policy are taken into account, provided that the project is carried out in a developing country. "

9. In Section 39 (3), the word order shall be "from JI or CDM projects" through the phrase "from projects pursuant to section 37 (1)" replaced.

10. In § 39 (4), after the word "Austria" the phrase "provided that this recognition has been requested by the supplier" inserted.

11. In accordance with § 39 (4), the following paragraph 5 is added:

" (5) If a project is recognized as a JI project by two parties to Annex 1 of the Climate Convention or is registered by the Executive Board of the CDM as CDM project in accordance with § 37 (1) of the Climate Convention, the Federal Minister for Agriculture, Forestry, Environment and water management shall buy emission reduction units from such a project, provided that the project does not contradiction the criteria of the guidelines in accordance with § 43 or belongs to a project type that is excluded according to the guidelines. "

12. In Section 42 (1), the phrase "is involved in such projects" through the phrase "which can make it credible that it is entitled to have the emission reduction units available" replaced.

13. In Section 43 (1), the phrase "such projects" through the phrase "Projects according to § 37 (1)" replaced.

14. In § 43 (3), the quote "§ 13 (7)" by "§ 13 (6)" replaced.

15. In § 46 (3), the quote shall be "§ 11 (2) to (8)" by "§ 11 (3) to (10)" replaced.

16. § 51 para. 5f reads:

" (5f) The Fund has the Confederation from its net worth

1.		EUR 50.871 million in each of the years 2003 to 2004; and
2.		in the years 2005 and 2006, in each case, EUR 100 million
to be transferred to the funds in accordance with Article 6 (1) (1) (1) (1). "

17. The title of § 52 reads:

"referrals, gender-neutral designations"

18. The previous text of § 52 receives the sales designation "(2)" ; as paragraph 1 is inserted:

"(1) Where reference is made in this Federal Act to provisions of other federal laws, this is to be understood as referring to the version in force in each case."

19. In § 53 (9), the quote "§ 6 (1), 1a, 2b and (3)" by "§ 6 para. 1, 1a, 2d and 3" replaced.

The following paragraph 10 is added to § 53:

" (10) For the German Federal Law BGBl. I n ° 136/2004, the following provisions shall apply to the following:

1.		§ 6 (2), last sentence, § 17 (1) Z 2a, § 35, § 39 (1), 3 to 5, § 42 (1), § 43 (1) and (3), § 46 (3), § 51 (5f), and § 52 are to be taken with 1. Jänner 2005 in force.
2.		Section 11 (3) Z 5 shall enter into force on 27 March 2002. At the same time, Section 11, Section 2, Z 5, as amended by the Federal Law BGBl. I No 47/2002.
3.		Section 13 (4) to (6), § 43 (3) and § 46 (3) shall enter into force on 21 August 2003. "

Fischer

Bowl