Constitutional Text: Amendments of 1986,1987,1988,1990, 1992 and 1993 to the Austria Constitution of 1945

1986 AMENDMENT TO AUSTRIA’S CONSTITUTION OF 1945 APRIL 24, 1986
212. Federal constitutional law of April 4, 1986, amending the
federal constitutional law of 1929 (amendment to the federal
constitutional law 1986)
The National Assembly has decided:
Article I. The federal constitutional law of 1929, amended last by
the federal constitutional law BGBI No. 490/1984, shall be amended
as follows:
1. Article 12 is appended by “(1)” ; it is appended by paragraph
2 as follows:
“(2) The federal government, federal states and the
municipalities have to strive for a secure economic
balance in their budget/economic affairs.”
2. Article 42 paragraph 5 shall read as follows:
“(5) The Federal Council shall not be entitled to
participate in legislation insofar as the legislative
decision of the National Assembly concerns the National
Assembly’s standing orders, the dissolution of the
National Assembly, a federal budget law, a preliminary
provision according to Article 51 paragraph 5 or
disposition of federal property, assumption or
conversion of federal liabilities, contraction or
conversion of federal financial debt, or the approval of
an annual account by the Court of Audit.”
3. Article 51 shall read as follows:
1986 2

“Art. 51 (1) The National Assembly decides on the
federal finance law; the draft of the federal government
shall be the basis of further consideration.
(2) The federal government has to introduce a
draft of the Federal Finance Act for the next fiscal
year at the latest ten weeks before the end of the
fiscal year.
(3) Attached to the Federal Finance Act must be an
estimate of federal income and expenses (official
federal estimate), an employment plan and
relevant basics for budget management in the
respective fiscal year. The estimate for the federal
budget can in the case of state owned companies
and special federal funds also only include
subsidies towards deficit coverage and federal
income surplus. In this case income and expenses
of the respective federal company or special
federal fund must be classified separately for the
following fiscal year and attached to the Federal
Finance Act.
(4) In the event that the federal government has
not introduced a draft of the Federal Finance Act in
time, a draft of the Federal Financial Act can be
introduced by the National Assembly based on a
motion by its members. In the event that the
National Assembly does not adopt a Federal
Budget Act for the following fiscal year and makes
no temporary provision by federal law, revenues
shall be raised according to the law.
(5) If the federal government has introduced a
draft of the Federal Financial Act, expenses shall
be paid until a legal regulation is issued, at the
most for the first four months of the following
fiscal year, according to the draft.
1986 3

1. If the federal government has not
introduced a draft of the Federal Financial
Act, or in the event that the first four months
of the fiscal year according to sentence 1
have elapsed, expenditure amounts
budgeted in the last Federal Finance Act shall
be paid.
2. Under consideration of legal changes to
income and expenses, the expenditure
amounts of the draft of the Federal Finance
Act or of the previous Federal Finance Act are
the limit of expenses permitted, using a
twelfth of this limit as a basis for monthly
expenses. Obligatory expenses shall be
fulfilled subject to maturity.
Positions provided in the budget may be filled
based on the draft of the Federal Finance Act or
the previous Federal Finance Act according to
sentences 1 and 2. Financial debts may defer half
of the respective planned maximum amount and
short-term obligation for a temporary
enforcement of funds, to the respective planned
maximum amount. Furthermore the regulation of
the last Federal Finance Act, except included
income and expenses, shall be used analogously.
(6) The detailed provisions concerning the draft of
the Federal Finance Act and the budget
management of the federal government shall be
settled according to the basic principles of the
constitutional law. This shall regulate in particular
the mode of procedure for contraction and
conversion of liabilities from supplies of funds not
due for redemption in the same fiscal year or from
long-term financing (monetary debts), grounds for
prior charges, establishment of budget reserves, in
case of federal assets disposal, and in case of
1986 4

acceptance of federal liabilities, as well as the
participation of the Court of Audit in accountancy.”
4. After Article 51, following Article 51 a, 51 b and 51 c shall
be included:
“Article 51 a. (1) The federal secretary of finances shall
in matters of budget management be responsible for the
fulfillment of liabilities due for payment, and then other
designated expenses, but those only available according
to income, under consideration of the general principles
of parsimony, economic viability and expedience.
(2) In case the development of income and
expenses shows a significant change in the
economic development,
1. the secretary of finances can order full or
partial measures of fluctuation according to
the Federal Finance Act;
2. the secretary of finances can with the
consent of the federal government decide on
temporary limits on expenses for a
maximum period of six months or on the
decisive limits of expenses, provided the
fulfillment of federal commitment is hereby
not affected.
Article 51 b. (1) Expenses, which are not listed in the
Federal Finance Act (except unbudgeted expenses) or
exceed the planned expenses of the Federal Finance Act
(unbudgeted expenses) shall only be met within the
budget based on an authorization by Federal Finance
Act.
(2) In case of imminent danger, based on a decree
of the federal government in accordance with the
preliminary reading of the Federal Finance Act by
1986 5

the responsible National Assembly committee, the
following are permitted:
1. unpredictable and unavoidable
unbudgeted expenses to the extent of a
maximum of 1 of 1000 of the total amount
of expenses as provided by the Federal
Finance Act
2. unpredictable and unavoidable expenses
higher than planned by a maximum of 2 of
1000 of the total amount of expenses as
provided by the Federal Finance Act
shall be met. In case the National Assembly
committee responsible for the preliminary
discussion of the Federal Finance Act has not
decided within two weeks, agreement is
considered.
(3) With consent of the State Secretary of Finance,
expenses higher than expected shall be met in
case these higher expenses are necessary
1. based on legal responsibilities
2. based on an existing financial debt
3. based on an obligation already existing at
the time the Federal Finance Act came into
force or
4. related to this, immediate higher expenses
or income.
(4) The National Assembly can authorize the State
Secretary of Finance to approve expenses higher
than expected other than those described in
paragraph 3. The authorization shall only be
declared as far as the excess amounts are bound
1986 6

to objective conditions and are numerically
determined or ascertainable, concern expenses,
and
1. which became necessary due to
unpredictable urgency, without significantly
altering the expenditure structure of the
federal budget, or
2. which become necessary because of the
significant economic change over the course
of the fiscal year (Article 51 a paragraph 2),
or
3. which have no significant importance
considering the planned expenses according
to the Federal Finance Act.
(5) Exceeding of expenses based on the provisions
of this article shall only be allowed if covering is
guaranteed by savings or additional income.
(6) During a state of defense, unrefusable,
unbudgeted or expenses higher than planned that
are for the purposes of national defense shall be
met, in one fiscal year to the extent of a maximum
of 10 of 100 of the total amount of expenses as
provided by the Federal Finance Act in accordance
with the National Assembly committee responsible
for the preliminary discussion of the Federal
Finance Act. In the event that savings or additional
income cannot guarantee the covering of these
expenses, the State Secretary of Finance shall be
authorized by order of the federal government to
provide for the necessary covering.
Article 51 c. (1) The National Assembly participates in
the budgeting according to Article 51 b and paragraph 2
via the National Assembly committee responsible for the
preliminary discussion of the Federal Finance Act. It can
1986 7

assign duties to a standing sub-committee, which
contributes to the budget management, in case the
president according to Article 29 paragraph 1 dissolves
the National Assembly. The National Assembly
committee responsible for the preliminary discussion of
the Federal Finance Act or its standing sub-committee
shall be summoned outside sessions of the National
Assembly (Article 28), in case of necessity. Further
provisions are regulated by the federal law on the rules
of procedure of the National Assembly.
(2) The Secretary of Finance shall inform the
committee of the National Assembly described in
paragraph 1 about actions every three months.
Further reports shall be submitted to this
committee according to special federal
regulations.”
5. Article 55 paragraph 2 first sentence shall read as follows:
“The main committee elects a standing sub-committee,
which has the authority described in this law.”
6. The last sentence of Article 121 paragraph 2 shall be
deleted.
7. Article 71 shall read as follows:
“Article 71. In case the federal government has resigned,
the president assigns a member of the resigned federal
government to continue with the administration and to
entrust one of those with the chair of the provisional
government. A federal state secretary attached to a
former federal secretary or a senior public official of the
respective federal department can be entrusted to
continue with the administration. This provision applies
analogously in case individual members of the federal
government have resigned. The person assigned to
continue with the administration holds the same
responsibility as a federal secretary (Article 76).”
1986 8

8. Article 73 shall read as follows:
“Article 73. In case a federal secretary is temporarily
unavailable the president assigns a federal secretary, a
state secretary attached to the unavailable federal
secretary or a senior public official of the respective
federal department as a substitute. This substitute holds
the same responsibility as a federal minister (Article
76).”
9. Article 122 paragraph 4 shall read as follows:
“(4) The president and the vice-president of the Court of
Audit are elected on a proposal of the main committee
of the National Assembly for a 12 year term; a reelection
is not permitted. They have their inauguration
before assuming their office.”
10. Article 123 a paragraph 1 shall read as follows:
“(1) The president and the vice president of the Court of
Audit are allowed to participate in the discussions in the
National Assembly and in its Committees (subcommittees)
about the reports of the Court of Audit,
about the federal financial statement, about motions
concerning the implementation of special acts of
transaction control by the Court of Audit and about
chapters of the draft of Federal Finance Act concerning
the Court of Audit.”
11. Article 126 d paragraph 1 shall read as follows:
“(1) The Court of Audit reports to the National Assembly
about its actions in the preceding year at the latest
before December 31 of every year. Additionally the
Court of Audit can report upon request to the National
Assembly at any time about individual matters. The
Court of Audit has to report simultaneously to the
National Assembly and the Federal Chancellor. The
1986 9

reports for the National Assembly have to be published
after submission.”
12. Article 148 d shall read as follows:
“Article 148 d. The ombudsman board has to report to
the National Assembly about its activities annually. The
members of the ombudsman board have the right to
participate in discussion with the National Assembly and
its committees (sub-committees) about the reports of
the ombudsman board and the chapters of the draft of
the Federal Finance Act and to be heard on demand.
Federal law on the standing orders of the National
Assembly stipulates further details.”
Article II. The time already in office of the president or vicepresident
of the Court of Audit holding office at time of
implementation of this federal constitutional law before July 1,
1986 has to be included into the total term according to Article 122
paragraph 4 B-VG.
Article III. (1) Article I Z 5, 7 to 12, and Article II of this federal
constitutional law shall become effective as of July 1, 1986.
Amendments of the federal law about the standing orders of the
National Assembly in terms of these regulations can be issued
before this date, but will become effective at the earliest on this
date.
(2) Other provisions of this federal constitutional law shall
become effective as of January 1, 1987. Federal legislative
provisions can be issued before this date, but will become
effective at the earliest on this date.
Article IV. The federal government is responsible for the
implementation of this federal constitutional law, unless otherwise
stipulated.
Kirchschlager
Sinowatz
1987 AMENDMENTS TO AUSTRIA’S CONSTITUTION OF
1945
MAY 15 AND DECEMBER 15, 1987
385. Federal constitutional law of May 15, 1987, amending the
federal constitutional law of 1929.
The National Assembly has decided:
Article I. The federal constitution law of 1929, amended last by the
federal constitutional law BGBI No. 490/1984, shall be amended as
follows:
1. Article 20 paragraph 3 first sentence shall read as follows:
“(3) All bodies responsible for duties of federal, state or
municipality administration and all public bodies and
legally not stipulated otherwise, have the obligation to
maintain confidentiality about all matters in the context
of their official duties. This confidentiality is necessary
for maintaining public peace, order and security, for
thorough national defense, for international relations, in
the economic interest of a public body, and for the
preparation of decisions or in the overwhelming interest
of the parties (official secrecy).”
2. Article 20 paragraph 4 is appended:
“(4) All bodies responsible for duties of federal, state or
municipality administration and all public bodies have
the obligation to inform about matters within their
sphere of action, as far as the obligation of
confidentiality does not interfere; professional
representative associations are obliged to provide
information only to their respective members and this
insofar as it does not hinder their legal duties. Further
1987 2

regulations concerning federal agencies as well as
regulated by federal legislation self-administration of
legislation and implementation are federal
responsibility, concerning state agencies and
municipalities and legislation for self-administration are
concerning legislation federal responsibility, concerning
implementation and enforcement state responsibility.”
Article II. (1) This federal constitutional law shall become effective
as of January 1, 1988.
(2) The federal government is responsible for the
implementation of this federal constitutional law.
Waldheim
Vranitzky
640. Federal constitutional law of December 15, 1987,
amending the federal constitutional law of 1929 concerning the
competence of public housing.
The National Assembly has decided:
Article I. The federal constitution law of 1929, amended last by the
federal constitutional law BGBI No. 285/1987, shall be amended as
follows:
Article 11 paragraph 1, sentence 3 shall read as follows:
“(3) Public housing with exception of funding of housing
construction and housing renovation”
Article II. (1) The following provisions apply in federal states as
federal state laws:
1987 3

1. §§ 1 to 4, 6, 10 paragraph 5,. §§ 11, 16 to 19, 20
paragraph 1, § 21 paragraph 1 and 2, §§ 22 and 23, §§
25, 26, 29 to 41, 43, 44 paragraph 2 and 4, §§ 45, 47,
51, 55 and 60 paragraph 8, with exception of the
second half sentence and as far this paragraph does not
concern provisions, which regulate matters of state
legislation after this federal constitutional law becomes
effective and § 60 Paragraph 9 of the law on funding of
public housing 1984, BGBI. No. 482, as federal law BGB1
No. 340/1987.
2. those provisions of the law on funding of public
housing 1968, BGBI No. 280/1967, last amended by
federal law BGBI. No. 320/1982, which are according to
§ 60 Paragraph 8 of the law on funding of public
housing 1984 still valid, with exception of § 11
Paragraph 4 sentence 2-4, of § 14 of § 19 Paragraph 2 –
8, of §§ 20 to 22, of § 26, of §§ 29-31, of § 32
Paragraph 1-6 and 8, and of § 35.
3. §§ 1-3, 9-16, 18, 21-23, 35, 36, Paragraph 4, §§ 37
and 48 Paragraph 2 and 3 of the law on housing
renovation, BGB1. No. 483/1984, as federal law BGBI.
No. 559/1985, the last two paragraphs only for nonfederal
competences also after this law becomes
effective.
4. provision of the housing improvement law, BGBI. No.
426/1969, last amended by federal law BGBI. No
641/1982, still effective based on § 48 Paragraph 2 of
the housing improvement law, with exception of § 6,
Paragraph 6, of § 6 b Paragraph 1 to 5 and of §§ 8, 11,
14, and 15;
5. provision of the federal law on funding of
preservation and improvement of houses and urban
renewal, BGBI, No 164/1982, still effective based on §
48 Paragraph 3 of the housing improvement law, with
exception of § 8;
1987 4

6. §§ 1 to 4, 5 Paragraph 1, first and second sentence
and Paragraph 3, §§ 6,7,8 Paragraph 1 to 5 and §§ 9,
12, 14 of the law on first homes, BBGI. No. 264/1982, as
federal law BGBI. No 483/1984.
(2) In cases of provisions, which are according to Paragraph 1
State law and have the federal minister of housing and
technique or of the federal housing and settlement fund, they
are replaced by the state government.
(3) Following provision expire:
1. § 52 Paragraph 2 of the law on public housing funds
1984
2. § 26 Paragraph 2 of the law on public housing funds
1968
3. § 41 Paragraph 2 of the housing renovation law
4. § 8 Paragraph 2 of the housing improvement law
5. § 33 Paragraph 1 and 2, § 34 and § 35 Paragraph 1 of
the law on urban renewal BGBI 287/1974, last amended
by federal law BGBI 340/1987.
6. § 6 of the federal law on funding of preservation and
improvement of houses and urban renewal BGBI
164/1982
(4) Cases which had the assent of funding based on the law of
urban renewal or the first home program before January 1,
1988, will be supervised according to the prevailing legal
situation on December 31, 1987 by the fund for housing
reconstruction and urban renewal and the federal fund of
housing and settlement. Applications, which were not
processed, shall be according to the first home law, handed to
the responsible state, based on the location of the building.
1987 5

Article III. (1) This federal constitutional law shall become effective
as of January 1, 1988.
(2) The federal government is responsible for the
implementation of this federal constitutional law.
Waldheim
Vranitzky
1988 AMENDMENTS TO AUSTRIA’S CONSTITUTION OF
1945
JUNE 23 AND NOVEMBER 29, 1988
341. The Federal Constitutional Law of 1929 shall be amended
by the federal constitutional law of June 23, 1988.
The National Council has decided:
Article 1. The federal constitution of 1929, most recently amended
by the federal constitutional law, BGBl. No. 640/1987, shall be
amended as follows:
1. To Article 7, the following paragraph 3 shall be added:
“(3) Official designations can be used to express the
gender of office holders. The same goes for titles.”
2. To Article 26, paragraph 2, the following sentence shall be
added as the second sentence:
“The chairman holds the title “President of the
Bundesrat,” while his deputy holds the title “Vice
President of the Bundesrat.”
3. Article 41, paragraph 1 shall read:
“ Bills reach the National Council as proposals by its
members or the members of the Federal Council as well
as submissions of the federal government.”
4. Article 79, paragraph 1 shall read:
“The armed forces is responsible for military defense. It
is established according to the principles of a “militia
system.”
1988 2

5. The second sentence of Article 140, paragraph 1 shall read:
“The constitutionality of Land laws shall be recognized
at the request of the federal government and the
constitutionality of federal laws at the request of a Land
government, with one third of the members of the
National Council or one third of the members of the
Bundesrat.”
Article 2.
(1) This federal constitutional law shall enter into force on the
first of July, 1988.
(2) For the implementation of this federal constitutional law,
the federal government is responsible.
Waldheim
Vranitzky
684. Federal Constitutional Law of November 29, 1988 on the
protection of personal freedom
The National Council has decided:
Article 1.
(1) Everyone has the right to liberty and security (personal
freedom).
(2) No person shall be detained or stopped for reasons other
than those specified in this Constitution, federal law, or any
reasons other than the procedure prescribed by law.
1988 3

(3) Deprivation of personal freedom may only be provided by
law if it is necessary as a measure for a purpose; personal
freedom may only be withdrawn as a measure if and when it is
not disproportionate to its purpose.
(4) Whomever is arrested or stopped shall be treated with the
respect of human dignity and with the most possible
protection, and may only be subject to such restrictions
appropriate to the purpose of detention or maintaining
adequate security and order at the place of detention.
Article 2.
(1) Personal freedom may be withdrawn from a person in the
manner prescribed by law in the following situations:
1. if a person who has committed a punishable offense
is punished with imprisonment;
2. if a person with judicial or financial authority is
suspect of certain punishable actions,
a) for purposes of termination of an attack or for
the immediate establishment of the facts, unless
the suspect is in a close temporal association with
the act and this results in the suspect holding a
particular item,
b) in order to prevent the suspect from
withdrawing from the proceedings or interfering
with evidence, or
c) to prevent a person suspected of committing a
punishable act from commissioning a similar act
or executing a similar act;
3. for the purpose of bringing a suspect before the
appropriate authorities for suspected administrative
offenses, when the suspect has been apprehended in the
1988 4

act, unless the arrest is necessary to secure the
prosecution or to prevent further similar criminal
conduct;
4. to comply with a lawful court order or to enforce the
fulfillment of an obligation prescribed by law;
5. if there is reason to believe that a suspect is a source
of danger for the spread of contagious disease, or
because of mental illness puts themselves or others at
risk;
6. for the purpose of necessary Education for a minor;
7. if necessary to secure a proposed deportation or
extradition.
(2) No one shall be arrested on the solely because he or she is
unable to fulfill a contractual obligation.
Article 3.
(1) Only a court shall punish with imprisonment a person who
has committed a punishable action.
(2) the imposition of a prison sentence and of custodial
sentences by administrative authorities may be provided if the
extent of the threatened punishment is not longer than each
six weeks, unless the decision is made by an independent
authority, is not longer than each three months.
(3) Should a prison sentence not be imposed by an
independent authority, or a custodial sentence not be
imposed by an independent authority, then a challenge to the
decision of such an authority shall be ensured fully and with
suspensory effect.
Article 4.
1988 5

(1) An arrest on the grounds of Article 2 paragraph 1 sentence
2 letters b and c is permissible only in execution of a justified
court order to the person concerned with the arrest, but
served no later than within 24 hours.
(2) In cases of imminent danger or in cases of Article 2
paragraph 1 sentence 2 letter a, a person may be arrested
without a warrant. They shall be released as soon as it
emerges that there is no reason for their further detention,
unless they are without undue delay, no later than the expiry
of 48 hours, handed over to the appropriate court.
(3) A person handed over to the court shall be heard without
delay by the judge for the cause and conditions of detention.
(4) An arrest on the grounds of Article 2 paragraph 1 sentence
2 letters b and c because of a suspected punishable offense
by a person with financial authority is only allowed if officials
in execution of an order of law exercise authorized judicial
functions.
(5) A person arrested on the grounds of Article 2 paragraph 1
sentence 3, if the grounds for arrest don’t fall away prior,
shall be handed over without delay to the appropriate
authority. The detainee may never be held longer than 24
hours.
(6) Every detainee shall be at the earliest opportunity, where
possible in a language a detainee understands, informed
about the reasons for the arrest and the allegations made
against him or her. The linguistic minority rights granted by
federal law shall be unaffected by this.
(7) Anyone who is arrested has the right to be notified at his
request without unnecessary delay, and to select a relative
and a legal counsel to understand the arrest.
Article 5.
1988 6

(1) Any person with judicial or financial authority arrested on
the grounds of a suspicion of a punishable offense will have
the right to finish the proceedings which have been initiated
because of an accusation brought against him within a
reasonable time, or to be released pending trial.
(2) When less severe measures are sufficient, detention may
be refrained from. A person not being held because of a
severe punishable offense in order to prevent him from
withdrawing from the proceedings, is in any case released, if
he submits from a court or by law exercises an authorized
judicial function under consideration his weight of his alleged
offense, his personal circumstances and his assets, assessed
by guarantors; additional, less severe measures to ensure the
proceedings are allowed.
Article 6.
(1) Anyone who is arrested or detained shall have the right to
a trial, in which a decision by a court or by another
independent authority is made about the lawfulness of his
detention and in the case of the illegality his release is
ordered. The decision must be made within one week, unless
the detention has ended earlier.
(2) In the case of indefinite detention, it is the necessity at
reasonable intervals by a court or other independent authority
to check.
Article 7. Anyone who has been illegally arrested or detained shall
have a right to full compensation including the compensation of
non-pecuniary loss.
Article 8.
(1) This federal constitutional law shall enter into force on the
first of January, 1991.
(2) Article 8 of the Land Constitution of the 21st of December
1867, RGBl. No. 142, about the general rights of citizenship
1988 7

for the realm of the Kingdoms and Lands represented, as well
as the Law of the 27th of October, 1862, RGBl. No. 87, for the
protection of personal freedom, including its mention in
Article 149 paragraph 1 B-VG, shall be repealed.
(3) The Convention for the Protection of Human Rights and
Fundamental Freedoms, BGBl. No. 210/1958, shall remain
unaffected.
(4) At the time this federal constitutional law becomes
effective, pending proceedings which relate to matters
governed by this federal constitutional law shall be seen
through to their completion under previous legislation; this
also applies to proceedings before the Administrative and
Constitutional Courts.
(5) With the implementation of this federal constitutional law,
the federal government is responsible.
Waldheim
Vranitzky
685. The Federal Constitutional Law of 1929 shall be amended
by the federal constitutional law of November 29, 1988 (Federal
Constitution Act Amendment 1988)
The National Council has decided:
Article 1. The federal constitution of 1929, most recently amended
by the federal constitutional law, BGBl. No. 341/1988, shall be
amended as follows:
1. Article 6 shall state:
1988 8

“Article 6.
(1) The Republic of Austria shall consist of one
unified citizenship.
(2) Each citizen who holds a principle residence in
a Land, are the citizens of that Land.”
2. Article 10 paragraph 1 sentence No. 2 shall state:
“2. external affairs, including political and economic
representation to foreign countries, particularly the
conclusion of Treaties , without prejudice to the
jurisdiction of the Lands under Article 16 paragraph 1;
border demarcation; trade of goods and livestock with
foreign countries; customs;”
3. Article 10 paragraph 1 No. 12 shall state:
“12. Public health with the exception of corpses and
funerals as well as community medical services and
rescue services, with regard to medical and nursing
homes only health supervision; measures to avert
dangerous stresses on the environment caused by
exceeding emissions limits; air pollution, without
prejudice to the Lands for heating systems; waste
management with regard to hazardous waste, and with
regard to other waste products if a need for enactment
of uniform regulations is seen to exist; animal health;
nutrition, including food control;”
4. Article 11 paragraph 1 No. 1 shall state:
“1. Citizenship;”
5. Article 11 paragraph 1 No. 2 shall state:
“2. Professional associations in so far as not covered by
Article 10, with the exception of those on agricultural
and forestry areas and in the mining industry or ship
1988 9

captains and what falls under the autonomous sphere of
the Lands’ physical Education systems;”
6. Article 11 paragraph 5 shall be added:
“(5) If there is a need for the enactment of uniform rules,
a federal law for uniform emission limits for air
pollutants can be determined. They must not exceed
each area’s federal and Land regulations.”
7. Article 16 shall state:
“Article 16.
(1) The Lands can, in matters falling within their
own autonomous domains, enter into contracts
with Austria’s neighboring states or its constituent
Lands.
(2) The governor must inform the federal
government before entering into negotiations
about such a treaty. Before its completion the
governor must receive the approval of the federal
government. Approval is deemed granted if the
federal government has not told the governor that
his request has been denied within eight weeks
from the day that the request for approval was
submitted to the Chancellor’s office. The
authorization to conduct negotiations and
conclude a treaty is incumbent upon the federal
president on request of the Land government with
the countersignature of the governor.
(3) At the request of the federal government, Land
contracts pursuant to paragraph 1 shall be
terminated by the Land. If a Land does not fulfill
this obligation in a timely manner, jurisdiction
transfers to the federal government.
1988 10

(4) Lands are obliged to take necessary measures
in their autonomous sphere of government to
implement Land contracts; if a Land does not fulfill
this obligation in a timely manner, jurisdiction over
such measures, especially for the enactment of
necessary laws, goes to the federal government. A
determination taken by the federal government
under this measure, especially one such as a law
passed or adopted under such a regulation shall
cease to apply as soon as the Land has taken the
necessary measures.
(5) As the federal government has in carrying out
international law Treaties the right to monitor, the
federal government also has the similar right in
such matters that belong to the autonomous
sphere of the Lands. The federal government has
the directly opposite rights as compared to the
Lands, like matters of indirect federal
administration.”
8. Article 28 paragraph 5 shall state:
“(5) Within a meeting the President of the National
Council convenes the individual sessions. If a meeting is
on the Federal Law on rules of the National Council’s
established number of members, or should the Federal
Government so demand, the President is obligated to
call a meeting in such a way that the National Council at
the latest meets with the President within five days of
receipt of the request.”
9. Article 32 paragraph 2 shall state:
“(2) The general public shall be excluded if it is
requested by the chairman or established by Federal Law
on rules of procedure of the National Council’s
established number of members and is adopted by the
National Council after removal of the audience.”
1988 11

10. Article 41 paragraph 2 shall state:
“(2) Requests (petitions) placed by 100,000 voters or
one-sixth of voters from three Lands must be submitted
by the general election to the National Council for
processing. The petition must concern a matter to be
regulated by federal law and may be requested in the
form of a bill.”
11. After Article 49a the following shall be inserted as 49b:
“Article 49b.
(1) A referendum on a matter of fundamental and
general Austrian significance to the regulation of
federal legislative jurisdiction has to take place,
unless the National Council so decides on the
basis of a request of its members or the federal
government after preliminary discussion in the
main committee. Elections and matters over which
a court or administrative authority has to decide
cannot be the subject of a referendum.
(2) An application under paragraph 1 shall include
a proposal for the referendum based on the posing
of questions. These shall either be answered with
“yes” or “no” or with two alternative existing
proposed solutions.
(3) Referenda are carried out under analogous
application of Articles 45 and 46. The election
authority must submit the results of a referendum
to the National Council and the federal
government.”
12. Article 50 paragraph 1 shall state:
“Political treaties, others only if their content changes
laws or supplements laws and do not fall under Article
16 paragraph 1, shall be completed only with the
1988 12

permission of the National Council. As far as such
treaties settle matters of the autonomous spheres of the
Lands, the approval of the Bundesrat is required.”
13. The last sentence of Article 65, paragraph 1 shall state:
“It may arrange on the occasion of the end of a treaty
not falling under Article 50 or a treaty pursuant to
Article 16 paragraph 1, which makes neither legal
changes nor legal supplements, that this treaty by
enactment is to comply with regulations.”
14. Article 66 paragraph 2 shall state:
“(2) The federal president can authorize the federal
government or appropriate members of the federal
government to complete certain categories of treaties,
which fall under neither article 16 paragraph 1 nor
under article 50; such authority extends to the power to
order that these Land treaties shall comply with
regulations.”
15. To Article 66, paragraph 3 shall be added as follows:
“(3) The federal president can at the end of government
contracts, according to article 16 paragraph one, for
those that are neither law-amending or lawsupplementing,
authorize the Land government’s
proposals made by a Land government and with the
countersignature of the governor; such authorization
extends to the power to order that this contract is to
met through the enactment of regulations.”
16. Article 73 paragraph 2 states:
“(2) For a decision by the National Council, with which
confidence shall be denied, the presence of half the
members for the National Council is required. Yet, if it is
required by federal law’s rules of civil procedure, the
vote shall be postponed to the second coming business
1988 13

day. A recent postponement of a vote can only take
place by a resolution of the National Council.”
17. Article 78 paragraph 3 states:
“(3) The Federal Minister may appoint the Secretary of
State with his consent to the procurement of certain
duties. The Secretary of State is subordinate to the
Federal Minister for carrying out these tasks and is also
bound to his orders.”
18. Article 95 paragraph 1 states:
“(1) The legislation of the Lands is pursued through the
Land legislatures, whose members are elected on the
basis of equal, direct, confidential and personal suffrage
of all eligible, according to state election regulations,
male and female citizens of the country . By Land law,
the detailed provisions about the electoral process and
possible electoral duty shall be made. In this Land law
the particular reasons are established which excuse
non-participation in the election in spite of applicable
electoral duty; they should no longer be pulled from the
Electoral Code of the National Council.”
19. To Article 115, paragraph 3 shall be added as follows:
“(3) The Austrian Association of Municipalities and the
Austrian Association of Cities are appointed to represent
the interests of their communities.”
20. To Article 121, paragraph 4 shall be added as follows:
“(4) The audit court has, through enterprises and
institutions, which are subject to its control and for
which it has a reporting obligation to the National
Council, every two years the average income including
all social and material benefits as well as additional
benefits for pensions of members of the board and of
the supervisory board and all employees through
1988 14

gathering of information from these companies and
institutions and its reporting to the National Council. In
this context, the average income of these persons is for
each company and each institution to be shown
separately.”
21. To article 124, paragraph 3 shall be added as follows:
“(3) The President may delegate certain duties to the
Vice President with his consent; the Vice President is in
this context subordinate to the President and bound by
his orders.”
22. Article 127 paragraphs 5 through 7 state:
“(5) The court of auditors makes its reports known to
the relevant Land government. The Land government
has to take on this position and must share with the
court of auditors measures taken because of the reports
within three months.”
“(6) The court of auditors reports to the Land parliament
on its activities of the previous year which concern the
relevant Land, at the latest by the report of 31 December
of each year. Furthermore, the court may at any time
report on specific observations to the state parliament.
The Court Reports shares each report simultaneously
with the submission to the Land parliament and the
Land government as well as the federal government. The
reports of the court are published after submission to
the Land parliament.”
“(7) The court of auditors must, by order of the Land
parliament or by request through a Land constitutional
law, determined by a particular number of members of a
Land parliament not to exceed one-third, carry out
reviews of accounts falling in their domain. As long as
the court, in response to such a request, has not
provided the Land parliament with a report, another
request of this sort may not be made. Likewise, the
1988 15

court of auditors must, on substantiated request, carry
out such account reports and communicate the results
to the requesting authority.”
23. Article 127a paragraph 5 and 6 state:
“(5) The court of auditors discloses the results of its
review to the mayor. The mayor must assume this
position and report to the court measures taken
pursuant to the review results within three months. The
court of auditors discloses the results of its financial
review, including possibly remarks of the mayor, to the
Land government and the federal government.”
“(6) The court of auditors reports to the council on its
activities of the previous year, as far as it relates to the
community concerned, at latest in the reports of
December 31. The court discloses each report with
simultaneous submission to the council and Land
government, as well as the federal government. The
reports of the court of auditors shall be published after
submission to the council.”
24. The title “A. Administrative Court” before article 129 shall
be stricken.
25. Article 129 states:
“Article 129. To ensure the legitimacy of the entire
public administration, the independent administrative
tribunals in the Lands and the administrative court in
Vienna are appointed.”
26. After Article 129 the following provisions shall be
inserted:
“A. Independent Administrative Tribunals in the Lands
Article 129a.
1988 16

(1) The independent administrative tribunals
recognize, after exhaustion of the administrative
stages of appeal, were such to come into
consideration:
1. in proceedings regarding administrative
violations, except in criminal financial cases
of the federal government,
2. regarding complaints from persons
claiming to have had their rights violated by
the direct practices of administrative
authorities’ command and coercive power,
except in criminal financial cases of the
federal government,
3. in other matters assigned to them by the
various areas of the administration’s
regulating federal or state laws,
4. about complaints of violations of the
decision in matters of Z 1 where private
property or Land statutory criminal charges
are concerned, and Z 3.
(2) It can be prescribed by law that the decisions
may be challenged in the first instance by the
independent administrative panel. In matters of
the indirect federal administration such as in
Articles 11 and 12, such federal legislation may
only with the consent of participating Lands be
promulgated.
(3) Article 89 shall apply mutatis mutandis to the
independent administrative tribunals.
Article 129 b.
(1) The independent administrative tribunals
consist of a Chairman, Deputy Chairman, and the
1988 17

required number of other members. Its members
are appointed by the Land government for at least
six years. At least one fourth of the members shall
be taken from professional positions from the
federal government.
(2) The members of the independent
administrative tribunals are in care of their
respective roles bound by any mandatory
directives in accordance with Articles 129 a and
129 b. The affairs are for the members of the
independent administrative tribunals of the state
Land law to distribute a certain time in advance;
one with the classification of member of an
independent administrative tribunal may only in
case of hindrance be removed by order of the
chairman.
(3) Before the end of the appointment period, the
members of the independent administrative
tribunals may only be removed in cases specified
by law and only by decision of the independent
administrative tribunal of their office.
(4) Members of the independent administrative
tribunals must be legally qualified. They are not
allowed for the duration of their office to conduct
activities that could give rise to doubts about the
independent exercise of their functions.
(5) Following the proceedings before the
independent administrative tribunals federal
legislation decide these authorities by several or
by individual members.
(6) The organization of the independent
administrative tribunals and the legal service of its
members are regulated through Land law, its
procedures by federal law.”
1988 18

27. Before Article 130 the following heading shall be inserted:
“B. Administrative Court”
28. Article 130, paragraph 1 states:
“(1) The Administrative Court recognizes grievances, in
which
a) unlawfulness of decisions of administrative
authorities including the independent
administrative tribunals or
b) breach of the duty of the administrative
authorities, including the independent
administrative tribunals
are claimed. The administrative court also recognizes
appeals against orders pursuant to Article 81, paragraph
4.”
29. The following is added to Article 121, paragraph 3:
“(3) The administrative court may refuse to deal with a
complaint against a decision of an independent
administrative tribunal in an administrative criminal case
if only a small fine was imposed and the decision does
not depend on the solution to a question of law, and if
for the fundamental issue, particularly because the
independent administrative panel deviates from the
jurisdiction of the administrative court, such jurisdiction
is lacking or is not the point of law to be resolved by the
previous decisions of the administrative court.”
30. Article 131 a is repealed.
31. Article 132 states:
“Article 132. Complaints about breach of duty by
administrative authorities including the decision of the
1988 19

independent administrative tribunals can raise the
person in the administrative proceedings to a party
entitled to assert the enforcement of decisions taken. In
administrative penal cases a complaint about violation
of the decisions taken is not permissible; this does not
apply to private prosecution for financial and criminal
cases.”
32. The title of Article 137 reads:
“C. Constitutional Court”
33. Article 139 paragraph 1, first sentence states:
“The constitutional court acknowledges illegality of
ordinances by federal or Land authorities at the request
of a court or an independent administrative tribunal,
provided however that the constitutional court would
have to apply such an ordinance in a pending case ex
officio.”
34. Article 140 paragraph 1, first sentence states:
“The constitutional court acknowledges the illegality of
ordinances by a federal or Land authority at the request
of the administrative court, of the highest court, in the
second instance of the appointed court, or an
independent administrative panel, provided however
that the constitutional court would have to apply such
an ordinance in a pending case ex officio.”
35. Article 140 a states:
“Article 140 a.
(1) The constitutional court acknowledges the
illegality of State treaties. This applies to approval
of the National Council in accordance with Article
50 state treaty and the amendment or
supplementation of state treaties pursuant to
1988 20

article 16 paragraph one of article 140; all other
state treaties of Article 139 apply with the
provision that state treaty, whose illegality or
unconstitutionality the constitutional court
determines, from the date of promulgation their
enforcement by appointed bodies does not apply if
the constitutional court has not determined a time
limit within which such a treaty is to continue to
apply. This period may not exceed the cases
specified in Article 50 state treaties and by the
state treaties pursuant to Article 16 paragraph 1,
the amendments or supplements may not exceed
two years, while all other state treaties may not
exceed one year.
(2) Should the constitutional court establish the
illegality or unconstitutionality of a state contract
which is to be implemented through enactment of
laws or regulations, the ability of the decision or
arrangement of the contract to comply with
regulation shall expire.”
36. Article 141 paragraph 2 states:
“(2) If an appeal is granted pursuant to paragraph 1
letter a, and thereby the partial or complete revision of
the election to a general representative body or to a
statute-making body of the legal professional
representatives is required, the affected members of this
representative body lose their tenure in the time that
those members’ authority are assumed by others elected
in the course of 100 days after the delivery of the repeat
election conducted by the constitutional court.”
37. Article 141 paragraph 3, first sentence states:
“Conditions under which the constitutional court makes
decisions about legal challenges to the outcome of
referenda, plebiscites, or popular votes is regulated by
federal law.”
1988 21

38. Article 144 paragraph 1 states:
(1) The constitutional court acknowledges appeals
against decisions of administrative authorities, including
the independent administrative tribunals, as long as the
author claims that his constitutional right is injured by
the decision or by the application of an unlawful
regulation, unconstitutional law, or unlawful state treaty.
The complaint may only advance to the constitutional
court after exhaustion of the stages of appeal.”
39. In article 144 paragraph 3, the words “or by the exercise
of direct administrative authority of command and coercion”
shall be repealed.
40. In article 148 a the following new paragraph 3 shall be
inserted:
“(3) The ombudsman is also responsible for participation
in the execution of petitions addressed to the National
and citizens’ initiatives. More details are determined by
Federal law on the rules of procedure of Parliament.”
41. Article 148 a paragraph 3 shall be referred to as
paragraph 4.
42. Article 148 c states:
“Article 148 c. The ombudsman may share
recommendations of what measures to take with the
uppermost administrative duties of the federal
authorities in a particular case or on the occasion of a
particular case. In matters of self-administration or
administration by autonomous authority, the
ombudsman may make recommendations to the
relevant organ of self-government or to the independent
public authority; such recommendations are also to be
taken note of by the highest administrative organ of the
Bund. The institution concerned shall comply with
1988 22

federal law within a specified period either with these
recommendations and with a report to the ombudsman
or with an explanation in writing about why the
recommendation was not complied with.”
Article 2. To Article II § 5 of the Federal Constitutional Law of
December 7, 1929, Gazette No. 393, concerning transition
provisions for the second amendment to the federal constitution,
last amended by Article II of the Federal Constitutional Law Gazette
No. 490/1984, the following paragraph 4 is added:
“Members of a community body of surveillance may, at
request by the appropriate authority of the general state
administration, be authorized to handle the administrative
penal law to the extent and under the same conditions of
other bodies of public security services, but the authority is
confined to administrative offenses in matters which by law
fall in the jurisdiction of the community.”
Article 3.
(1) § 1 of the Citizenship Act 1985, Gazette No. 311, is
repealed.
(2) A subdivision of citizenship in federal- and Landcitizenship
maintained by Article 6 of the federal constitution,
as amended by proclamation gazette No. 1/1930, defined
objectives remain reserved as special legal regulation of the
federal constitution.
Article 4. Regulations concerning profit-directed activities, in
connection with collections for charity or charitable purposes
subject to administrative authorities’ limitations, are in legislation
and execution a matter of the Lands.
Article 5.
1. In § 15 of the Authorities-Transition Act, StGBl. No.
94/1945, as amended by the BGBl. Nr. 142/1946, the
following paragraphs 4 and 5 shall be added:
1988 23

“(4) At the head of any security agency is a safety
director. In Vienna, the president of police is also
security director. Before appointing the security director,
in Vienna the president of police, it is the Land
government of the concerned Lands’ opportunity to
make a statement.
(5)The Federal Minister of Interior Affairs communicates
to the security director enduring, important instructions
of national policy, as well as to the governor of the
Land.”
2. Paragraph 1 and the designation “(2)” in § of the Order of
the Federal Ministry of Interior Affairs, BGBl. Nr. 74/1946,
concerning the establishment and scope of the security
directorates, are repealed.
Article 6. The jurisdiction of the Lands to regulate the professional
agencies in the field of mountain guiding and ski leading as well as
the self-employed in the sphere of the Lands’ sport-education
system without prejudice to § 1 of the Commerce act, BGBl. No.
182/1946, as amended by BGBl. No. 183/1954 also § 5 of the
Labor Act, BGBl. No. 105/1954, as amended by BGBl. No.
202/1982.
Article 7.
(1) Lands are also entitled to make the regulations of
necessary provisions of residential construction and
residential development in the field of civil law with the
exception of those on the dissolution of tenancies.
(2) The following provisions apply in each Land as Land law:
1. The Housing Requirement Act of 1984, BGBl. No. 482,
last amended by BGBl. No. 373/1988, with the exception
of §§ 12 through 15, § 21 paragraph 3, § 28, § 48, § 49
paragraph 4, last sentence, § 50, § 52 paragraph 1, §
53, §§ 56 through 59, § 60 paragraph 1 insofar as it
1988 24

continues to apply to Federal law, and paragraphs 2
through 7, § 60 paragraph 8, insofar as it relates to
federal law’s remaining provisions of the WFG 1984, and
§ 61;
2. the Housing Requirement Act of 1968, BGBl. No.
280/1967, last amended by BGBl. No. 640/1987, insofar
as § 60 paragraph 8 Housing Requirement Act 1984 still
is in force, with the exception of § 20, § 22 paragraph 2
second and third sentence, § 26 paragraph 1, § 31, § 32
paragraph 6 and 8 and § 35;
3. the Housing Rehabilitation Act, BGBl. No. 483/1984,
last amended by BGB. No. 640/1987, with the exception
of §§ 20, 40, 41 paragraph 1 and § 42;
4. the Housing Improvement Act, Federal Law Gazette
No. 426/1969, most recently amended by the Federal
Constitutional Law Gazette No. 640/1987, insofar as §
48 paragraph 2 of the Housing Rehabilitation Act is still
in force, with the exception of §6 paragraph6, §6b
paragraph 4, § 8, paragraph 1 and §§ 14 and 15;
5. the Housing Improvement Act, BGBl. No. 526/1969,
last amended by BGBl No. 640/1987, with the exception
of § 5 paragraph 1, last sentence, and paragraph 4, § 8
paragraph 6, § 11 and § 13.
(3) Unless provisions, considered Land legislation in
accordance with paragraph 2, are a jurisdiction of the federal
minister for construction and technology (federal minister for
economic affairs), the federal housing and settlement funds,
and the governor provide, the Land government shall have
jurisdiction. Regulations adopted on the basis of these
provisions apply as regulations of the Land government.
Article 8. For a Land’s legislation regarding air pollution, if not
related to heating systems, as well as a Land’s legislation regarding
waste management, as it relates to hazardous waste, federal law
shall apply to the Land in which they are adopted.
1988 25

Article 9.
(1) To carry out Article I Z 24 to 34, 38 and 39 of this federal
constitutional law necessary legislation may be adopted
before January 1, 1991, they can, however, at the earliest be
enacted on January 1, 1991. All other measures necessary for
the independent administrative tribunals to perform their
duties may be enacted before January 1, 1991.
(2) On January 1, 1991, pending cases which relate to matters
governed by this federal constitutional law are to seen
through to their end according to the previous law; this rule
also applies to proceedings before the administrative court
and the constitutional court.
Article 10.
(1) This federal constitutional law shall, with respect to
1. Article I sections 24 bis 34, 38 and 39 on January 1,
1991
2. Article I sections 10, 11, and 37 with July 1, 1989
3. Article I sections 20 to 23 on January 1, 1990
4. other remaining provisions on January 1, 1989
come into force.
(2) With the enforcement of this federal constitutional law, the
federal government is responsible.
Waldheim
Vranitiky
1990 AMENDMENT TO AUSTRIA’S CONSTITUTION OF
1945
JULY 5, 1990
445. Constitutional law from July 5, 1990, with which the
Constitution as amended in 1929 is hereby amended
The National Council has decided:
Article 1. The Constitution as amended in 1929, most recently
amended by the Constitutional Federal Gazette BGBl. No. 685/1988,
shall be amended as follows:
1. Article 10, paragraph 1, No. 6 shall state:
“6. Civil matters, including those of economic
associations, as well as the exclusion of regulations
which transfer property to foreigners, including the legal
acquisition through inheritance by persons who don’t
belong to the circle of heirs by law, are subject to
administrative controls; criminal law, excluding
administrative penal law and administrative proceedings
in matters that fall within the autonomous sphere of the
Lands; administration of justice; institutions for the
protection of society against criminal or otherwise
dangerous people; administrative justice; copyright;
journalism; expropriation, unless concerning matters
falling within the autonomous sphere of the Lands;
matters of notaries, lawyers, and related professions;”
2. To article 10, paragraph 1, No. 12, the following shall be
added:
“The regulation of commercial transactions of seeds and
plants, animal feed, fertilizers and pesticides, as well as
1990 2

pesticide equipment, including the approval and, at
sowing and planting, the certification;”
3. In article 102 paragraph 3, after the expression
“immigration police;” the following shall be added:
“commercial transactions of seeds and plants, animal
feed, fertilizers and pesticides, as well as pesticide
equipment, including the approval and, at sowing and
planting, the certification;”
Article 2. Regulations of each Land on seed certification shall
further federal legislation. The responsibilities of the Land
government shall be transferred to the Governor.
Article 3.
(1) This constitutional law shall enter into force on July 1,
1990.
(2) The federal government is entrusted with the
implementation of this federal law.
Waldheim
Vranitzky
1991 AMENDMENT TO AUSTRIA’S CONSTITUTION OF
1945
OCTOBER 31, 1991
565. Federal constitution law amending the federal
constitutional law of 1929, concerning the provisional
regulations about the second federal constitutional amendment
and the law on public authority transition, and the federal
constitutional law regulation the area of general administration,
is repealed.
The National Assembly has decided:
Article I. The federal constitutional law of 1929, amended last by
the federal constitutional law BGBI No. 445/1990, shall be amended
as follows:
1. Article 10 paragraph 1 sentence 7 the first half-sentence
shall read as follows:
“Maintenance of public peace, order, and security
including first aid assistance, but with the exception of
the local security police…”
2. After Article 52 the following Article 52a is appended:
“Article 52 a. (1) The responsible committees of the
National Assembly each elect a sub-committee to
control the measures for the protection of the
constitutional institutions and their capacity to act and
of intelligence measures for the protection of the
military national defense. A member of every party
represented in the main committee of the National
Assembly is part of the sub-committee.
1991 2

(2) The standing sub-committees are authorized
to demand all relevant information and access to
relevant documents. This does not apply for
information and documents, especially about
sources, the publication of which would endanger
national security or the security of humans.
(3) Responsible sub-committees may also be
summoned outside of sessions of the National
Assembly in case of necessity.
(4) Federal law on the standing orders of the
National Assembly stipulates further details.”
3. Article 78 is appended:
“3. Federal security authorities
Article 78 a. (1) The Federal Minister of the Interior is
the supreme security authority. Security directorates are
subordinate to him, administrative agencies of the
district and the federal police directorate as security
authorities are subordinate to them.
(2) In the event of danger to life, health, freedom
or property or if such a danger is imminent, the
security authorities are responsible for general
first aid until the intervention of the respective
responsible agency, notwithstanding
responsibilities of other agencies for active
defense.
(3) To which extent bodies of the municipalities
have to intervene are regulated by federal law.
Article 78 b. (1) Every federal state has a security
directorate. The head is the director of security. For
Vienna the federal police directorate is also the security
directorate; the head of police also director of security.
1991 3

(2) The Federal Minister of the Interior appoints
the director of security in accordance with the
governor.
(3) The Federal Minister of the Interior has to
inform the governor about every directive for the
security director which is important for state
politics, or for the maintenance of public peace,
order and security in the whole country .
Article 78 c. (1) The head of the federal police
directorate is the director of police; the head of the
federal police directorate for Vienna is the police
president.
(2) The federal government establishes the federal
police directorates and determines their local
sphere of action.
Article 78 d. (1) Security agencies are armed or
uniformed or adhere to other military based practices
employed for police purposes. The following do not
belong to the security agencies: guards securing
individual parts of national culture, agriculture and
forestry (fields, meadows, and forestry protection),
mining, hunting, fishery or other water rights, market
authority, and the fire department.
(2) The municipality is responsible for the new
establishment of a security agency of a
municipality or the change of its organization; the
federal government has to be informed about it.”
4. The previous chapters 3 and 4 of the third main chapter are
now denoted as “4” and “5” .
5. In Article 102 paragraph 2 of the federal constitutional law,
the following segment shall be omitted:
1991 4

“finally under extraordinary conditions there, where on
the day of implementation of this federal constitutional
law the local area of influence of a federal police agency
does not overlap with the area of a federal state:” .After
the word “security” the following shall be included:
“including the first general assistance, with the
exception of the local security police,”
6. Article 102 paragraph 5 sentence 2 shall be omitted.
7. Article 102 paragraph 6 and 7 shall be omitted: previous
paragraph 8 is now number “6” .
8. Article 118 is amended with following paragraph 8:
“(8) Members of a security agency of a municipality may
be authorized as the bodies of the public security
service by the responsible institutions of the general
state administration of the federal states, with the
assent of the municipality handling administrative penal
law. This authorization may apply to all matters that are
the responsibility of the bodies of the public security
service for supervision or that are under the
municipality’s sphere of action.”
9. Article 151 shall read as follows:
“Article 151. (1) Article 78 and 118 paragraph 8 as in
the federal constitutional law BGBI. Number 565/1991
shall become effective as of January 1, 1992.
(2) Article 10 paragraph 1, sentence 7, 52 a 78 a
to 78 c, Article 102 paragraph 2, changes of
denomination of the third main chapter and in
Article 102 as in the federal constitutional law
BGBI. Number 565/1991 shall become effective as
of May 1, 1993.
1991 5

(3) Article 102 paragraph 5, second sentence, and
paragraph 6 and 7 shall become void after April
30, 1993.”
10. After Article 151 the following shall be included:
“Article 152. The federal government is responsible for
the implementation of this federal constitutional law.”
Article II. The federal constitutional law concerning the preliminary
provisions of the second amendment of the federal constitutional
law, BGB1. Number 393/1929, last amended by the federal
constitutional amendment 1988, BGB1. Number 685, shall be
amended as follows:
1. Article II § 5 and § 19 paragraph 2 and 3 shall be omitted.
2. After Article VI the following shall be included:
“Article VII. (1) Article II § 5 shall become void after
December 31, 1991.
(2) Article II § 4 and § 19 paragraph 2 and 3 shall
become void after April 30, 1993.”
Article III. The law about agency transfers StGB1. Number 94/1945
last amended by the federal constitutional amendment 1988, BGB1.
Number 685 shall be amended as follows:
1. § 15 is omitted.
2. After § 81 the following shall be included:
“§ 81 a. § 15 shall become void after April 30, 1993.”
Article IV. The federal constitutional law, concerning provision in
the field of general administration, BGB1. Number 142/1946, shall
become void after April 30, 1993.
Waldheim
1991 6

1992 AMENDMENT TO AUSTRIA’S CONSTITUTION OF
1945
JUNE 5, AUGUST 4 AND DECEMBER 30, 1992
276. Constitutional law, with which the Constitution as
amended in 1929 is hereby amended
The National Council has decided:
The Constitution as amended in 1929, most recently amended by
the Constitutional Federal Gazette BGBl. No. 565/1991, shall be
amended as follows:
Article 1.
1. Article 10, paragraph 1, No. 6 shall state:
“6. Civil matters, including those of economic
associations, as well as the exclusion of regulations
which transfer property to foreigners and the
administrative regulations of the marketing of buildings
or developments on specific plots of land, including the
legal acquisition through inheritance by persons who
don’t belong to the circle of heirs by law, are subject to
administrative controls; criminal law, excluding
administrative penal law and administrative proceedings
in matters that fall within the autonomous sphere of the
Lands; administration of justice; institutions for the
protection of society against criminal or otherwise
dangerous people; administrative justice; copyright;
journalism; expropriation, unless concerning matters
falling within the autonomous sphere of the Lands;
matters of notaries, lawyers, and related professions;”
1992 2

2. The following paragraphs 4 through 6 shall be added to
Article 10:
“(4) The federal government must give to the Lands
immediately, over all projects within the framework of
European integration which affect the autonomous
sphere of the Lands or which otherwise could be of
interest to them, notification and within a set reasonable
period determined by the Lands adequate opportunity to
comment. These comments should be directed to the
Federal Chancellery. The same goes for the
communities, as far as their own sphere or other
important interests of the communities would be
affected. The Austrian Cities Association and the
Austrian Association of Municipalities are responsible
for the representation of the communities in these
matters (article 115, paragraph 3).
(5) Should the Federation be presented in a timely
manner with a uniform opinion of the Lands on a project
within the framework of European integration, which
relates to matters in which the legislation is a concern of
the Lands, the federal government shall thereby be
bound by these opinions to intergovernmental
negotiations and voting. The government may only
deviate from this for foreign policy and integration
policy reasons. The federal government must report
these reasons within eight weeks after publication of the
act in question in the matter of European integration.
(6) The detailed provisions on the procedure according
to paragraphs 4 and 5 are set in an agreement between
the Federation and the Lands (Article 15a).”
3. Article 16 paragraph 4 shall state:
“(4) The Lands are obliged to take measures that are
necessary in their own sphere to carry out Land
contracts; should a Land not fulfill this obligation on
1992 3

time, so falls, without prejudice to paragraph 6, the
jurisdiction of such measures, in particular the issuance
of necessary laws, to the Federation. Pursuant to this
provision, measures taken by the federal government, in
particular an issue of such a law or such a regulation
entered into force, shall cease to have effect once the
Land has taken the necessary actions.”
4. The following paragraph 6 shall be added to Article 16:
“(6) The Lands are obliged to take measures that are
necessary in their own sphere to the implementation of
legal acts within the framework European integration;
should a country not meet this obligation in a timely
manner and should their lack of action be determined by
a court to be against Austria in the context of European
integration, so falls the jurisdiction of such measures, in
particular the issuance of necessary laws, to the
Federation. Pursuant to this provision, Pursuant to this
provision, measures taken by the federal government, in
particular an issue of such a law or such a regulation
entered into force, shall cease to have effect once the
Land has taken the necessary actions.”
5. Article 41 paragraph 1 shall state:
“(1) Legislative proposals are submitted to the National
Council as the requests of its members of the Federal
Council, or of one third of the members of the Federal
Council and as Bills by the federal government.”
6. Article 140 paragraph 5 shall state:
“(5) The decision of the Constitutional Court, which
rescinds a law as unconstitutional, is obliged to inform
the Chancellor or the responsible governor for
immediate promulgation of the repeal. This applies
mutatis mutandis for the case of a pronouncement
pursuant to paragraph 4. The repeal takes effect on the
1992 4

date of promulgation, unless the Constitutional Court
determines the termination of. This period may not
exceed 18 months.”
Article 2.
(1) Land laws relating to administrative controls for the
marketing of built or development of a specific plots of land
can, only after entry into force of an agreement between the
Federation and the Lands (Article 15 a) on the establishment
of nationally uniform civil law for the Land to regulate matters
of land transport, be set in force
(2) The applicable Land laws, which transfer property to
foreigners or the marketing of agricultural and forestry plots
of land in the interest of maintaining, strengthening, or
creating a viable peasantry to administrative controls, are to
adapt to the agreement referred to in paragraph 1 within two
years, to adjust thereafter.
Article 3. In matters concerning Land legislatures, in which the
marketing of built or development of specific plots of land are
subject to administrative controls, appeals to the Administrative
Court are allowed.
Waldheim
Vranitzky
470. Constitutional law, with which the Constitution as
amended in 1929 is hereby amended
The National Council has decided:
1992 5

The Constitution as amended in 1929, most recently amended by
the Constitutional Federal Gazette BGBl. No. 276/1992, shall be
amended as follows:
1. Article 26 shall state:
“Article 26. (1) The National Council shall consist of, on the
basis of equal, direct, secret, and personal suffrage, men and
women from the nation, who are 18 years of age before the 1st
of January of the year of the election, chosen according to the
principles of proportional representation. Through federal law
the detailed provisions to be taken in the electoral process
shall be met.
(2) Federal territory shall be divided into constituencies
geographically, whose boundaries may not cross the
nation’s borders. These constituencies are to be divided
geographically into regional constituencies. The number
of deputies shall be the number of voters of the
constituencies (electoral body) in proportion to the
number of citizens who, in the results of the last census
in each constituency, had their normal residence,
increased by the number of citizens who on counting
day in Federal Territory did not have a normal residence
but were registered in a municipality of the respective
constituencies in the electoral register; in the same way
the number of deputies assigned to a constituency will
be distributed among the regional constituencies. The
electoral rules of the National Council shall provide a
conclusive investigation throughout the country,
through which both a balancing of the parties seeking
election in the constituencies assigned and a division of
yet unallocated seats according to the principles of
proportional representation shall take place.
(3) Election day must be on a Sunday or other public
holiday. If circumstances arise which prevent the start,
1992 6

the continuation, or the end of the poll, the electoral
board may renew or move the poll to the next day.
(4) All men and women are eligible who on the
qualifying date are Austrian citizens and have reached
19 years of age by the 1st of January of the election year.
(5) Exclusion from voting and from eligibility can only be
the result of a court conviction.
(6) The implementation and conduct of elections of the
National Council, of the Federal President, and of
referenda as well as participation in the verification of
petitions and referenda are to be designated by election
authorities, who as voting assessor representatives have
to have belonged to the political parties, to the Federal
Election Commission, or belonged or belong to the
judiciary. Electoral rules are — apart from judicial
professions to be determined by assessors — to be
determined by the number of members to be distributed
among the political parties in accordance with their
perceived strengths determined by the recent election to
the National Council. Votes from abroad for elections to
the National Council, the election of the Federal
President, and referenda must not be made before an
election authority. The detailed provisions on voting
abroad can only be decided in the presence of at least
half of the members by a majority of two thirds of the
votes cast.
(7) The electoral register will be created by the
communities in their assigned sphere.”
2. In Article 41 paragraph 2 the expression “principle electoral
authority” shall be replaced with “Federal Election Commission.”
3. In Article 29 b paragraph 3 the expression “principle electoral
authority” shall be replaced with “Federal Election Commission.”
1992 7

4. Article 56 shall be granted the additional title “(1)” , after which
the following paragraphs shall be added:
“(2) Should a member of the National Council on the occasion
of his appointment as member of the Federal Government or
the Secretary of State dispenses with his mandate, he shall be,
after his exit from office, in the cases of Article 71, after the
release by the appropriate electoral authority of the
entrustment of the continuation of the administration, the
mandate shall newly apply, if it isn’t opposed by the election
authority within eight days of the re-exercising of the
mandate.
(3) With this renewed assignment ends the mandate of the
member of the National Council who has held the seat of the
currently outgoing member, unless another member of the
National Council who has entered his seat later on
appointment in the same constituency as the Electoral Board,
in opposition, submits to the election authority a statement
that he wants to exercise his mandate as deputy for the
currently outgoing member of the National Council.
(4) Paragraphs 2 and 3 shall also apply if a candidate does not
accept his election into the National Council on the occasion
of his appointment to member of the Federal Government or
Secretary of State.”
5. The last sentence of paragraph 1 in Article 95 shall state:
“In this particular Land law the reasons are fixed, from which a
non-participant in the election despite election duty is
excused.”
6. Article 95 paragraph 2 shall state:
“(2) The Land election regulations may not narrow the
conditions of active and passive suffrage than the federal laws
for elections to National Council.”
1992 8

7. After the second sentence of Article 95 paragraph 3, the
following sentence shall be inserted:
“The Land election procedure may provide a conclusive
investigation in the entire Land’s territory, through which both
the compensation allocated to the political parties in the
constituencies and a division of the not yet allocated seats
shall follow, according to the principles of proportional
representation.”
8. The following paragraph 3 shall be added to Article 96:
“(3) By Land law, for members of Land Parliament who, as a
result of their election to Federal Council or to Land
government, waive their mandate, one of the arrangements
corresponding to paragraphs 2 to 4 of Article 56 can be
made.”
9. The following paragraph 4 shall be added to Article 151:
“(4) Article 26, Article 41 paragraph 2, Article 49 paragraph 3,
Article 56 paragraphs 2 through 4, Article 95 paragraphs 1
through 3, Article 96 paragraph 3, as well as the new
designation of paragraph 1 in Article 56 as amended by the
Federal Constitutional Law BGBl. No. 470/1992 shall enter
into force on May 1st, 1993.”
Klestil
Vranitzky
868. Constitutional law, with which the Constitution, as
amended in 1929, the transitional law of October 1, 1920 as
amended by BGBl. No. 368/1925, and the law on the
participation of the National Assembly in the regulation of
1992 9

railroad rates, postal, telegraph, and telephone fees, and rates
of monopoly goods, as well as remuneration of employees in
public enterprises, is hereby amended
The National Council has decided:
Article 1. The Constitution as amended in 1929, most recently
amended by the Constitutional Federal Gazette BGBl. No. 470/1992,
shall be amended as follows:
1. Article 54 shall state:
“Article 54. The National Council shall be involved in the
establishment of the postal and telecommunications
charges, prices of monopoly goods, and remuneration of
employees of state enterprises. This involvement shall
be governed by federal constitutional law.”
2. The following paragraph 5 shall be added to Article 151:
“(5) Article 54 of the Federal Constitutional Law BGBl.
No. 868/1992 shall enter into force on January 1, 1993.”
Article 2. The Transitional Law of October 1, 1920, as amended by
BGBl. No. 368/1925, as last amended by Federal Constitutional Law
BGBl. No. 539/1977, shall be amended as follows:
1. In § 23 the words “railway rates,” shall be eliminated.
2. In § 43, the following paragraph 3 shall be added:
“(3) §23 of Federal Constitutional Law BGBl. Nr.
868/1992 shall enter into force on January 1, 1993.”
Article 3. The law on the involvement of the National Assembly in
the regulation of railroad rates, postal, telegraph, and telephone
charges, and prices of monopoly goods, as well as remuneration of
1992 10

employees in state enterprises, StGBl. No. 180/1920 is hereby
amended as follows:
1. The words “railway tariffs” shall be removed from the title.
2. §1 letter a shall be repealed.
3. The following paragraph 3 shall be added to §5:
“(3) The words “railway tariffs” in the title, as well as §1
letter a, shall expire from force at the end of December
31, 1992.”
Klestil
Vranitzky
1993 AMENDMENTS TO AUSTRIA’S CONSTITUTION OF
1945
JULY 30, 1993
508. Constitutional law, with which the Constitution as
amended in 1929 is hereby amended
The National Council has decided
The Constitution as amended in 1929, most recently amended by
the Federal Constitution Gazette BGBl. No. 868/1992, shall be
amended as follows:
1. Article 10, paragraph 1, No. 6 shall state:
“6. Civil matters, including those of economic associations, as
well as the exclusion of regulations which transfer property to
foreigners and the administrative regulations of the marketing
of buildings or developments on specific plots of land,
including the legal acquisition through inheritance by persons
who don’t belong to the circle of heirs by law, are subject to
administrative controls; private foundations; criminal law,
excluding administrative penal law and administrative
proceedings in matters that fall within the autonomous sphere
of the Lands; administration of justice; institutions for the
protection of society against criminal or otherwise dangerous
people; administrative justice; copyright; journalism;
expropriation, unless concerning matters falling within the
autonomous sphere of the Lands; matters of notaries, lawyers,
and related professions;”
2. To article 10, paragraph 1, No. 9 the following shall be added:
“Assessment of environmental impact for projects in these
matters which are likely to have significant effects on the
1993 2

environment and for which the regulations provide defined
paths by decree;”
3. At the end of Article 11 paragraph 1 No. 6, instead of a period
there shall be semicolon and the following shall be added as No. 7:
“7. Environmental impact assessments for projects likely to
have significant impact on the environment; so far as a need
for the enactment of standard regulations is considered to
exist, the approval of such projects.”
4. The following paragraphs 6 through 9 shall be added to Article
11:
“(6) If a need is considered to be present after the enactment
of uniform regulations, also the Citizen Participation Process
for federal law in particular projects, participation in the
Citizen Participation Process and the subsequent
administrative proceedings of the outcomes of the Citizen
Participation Process in issuing the necessary authorizations
for the affected projects as well as the approval referred to in
No. 9 of paragraph 1 of Article 10 shall be regulated by
federal law. For the enforcement of these provisions, see
paragraph 4.
(7) In matters of paragraph 1, No. 7, after exhaustion of the
appeal process in the area of enforcement, each Land is
entitled to the decision of the Independent Environmental
Council. This is in other respects jurisdiction of eligible higher
authority for the purposes of regulation the administrative
processes. The Independent Environmental Council consists of
the Chairman, judges, and other legally qualified members,
and is situated within the appropriate Federal Ministry. The
establishment, functions and procedures of the Council are
governed by federal law. Its decisions are not subject to repeal
or amendment; appeal to the Administrative court is allowed.
(8) If a project as in paragraph 1 no. 7 extends to several
Lands, so the participating Lands initially agree to proceed.
Should an amicable decision not be issued within 18 months,
1993 3

the jurisdiction over a Land or a party involved in the matter
transfers to the Independent Environmental Council.
(9) In the cases referred to in paragraph 1 item no. 7, the
federal government and the federal ministers are entitled to
the following powers over the Land government:
1. The power, by federal authority, to inspect the
records of the Land governments;
2. The power to require reports on the execution of
Federal Government enacted Laws and regulations;
3. The power to request all necessary information about
the enactment of Federal Laws and regulations;
4. The power to require, in certain cases, information
and the submission of documents to the extent
necessary to exercise other powers.”
5. Article 28 paragraph 5 shall state:
“(5) Within a meeting the President of the National Council
convenes the individual sessions. If a meeting is on the
Federal Law on rules of procedure of the National Council or
the established number of members of the National Council,
or should the Federal Government so demand, the President is
obligated to call a meeting in such a way that the National
Council at the latest meets with the President within eight
weeks of receipt of the request.”
6. After Article 52 paragraph 1 the following paragraph 2 shall be
inserted:
“(2) Rights of control pursuant to paragraph 1 made to the
federal government and its members in relation to enterprises
in which the federal government with at least 50 percent of
the common stock, share capital, or equity is subject to
control by the court. Such financial contributions shall be
deemed equivalent to the control of enterprises through other
1993 4

financial or otherwise economic or organizational measures.
This also applies to enterprises at any other level in which the
conditions set forth in this paragraph exist.”
The previous paragraphs 2 and 3 shall be designated by “(3)” and
“(4)” .
7. After Article 52a the following Article 52b shall be inserted:
“Art. 52b. (1) To check if a particular process in one of the
Court’s underlying Affairs of Federal Financial Management,
the committee selects, pursuant to article 126d paragraph 2
B-VG, a permanent sub-committee. This sub-committee must
have at least one member of each of the National parties
represented in the main committee.
(2) For more detailed provisions, federal law shall surpass the
rules of the National Council.”
8. Article 126a shall state:
“Article 126a. Emergence Between the Court and a Legal Entity
(Article 121 paragraph 1) Disagreements over the
interpretation of the statutory provisions governing the
jurisdiction of the court shall be decided by the Constitutional
Court at the request of the federal government or a Land
government or the court. All legal entities are obliged to
enable in accordance with the legal opinion of the
Constitutional Court a review by the Court of Auditors.”
9. At the end of Article 142 paragraph 2 letter g, a semicolon shall
replace the period and the following letter h shall be added:
“h) against members of a Land government for violation of the
law and failure to comply with the regulations of the federal
government in the affairs of Article 11 paragraph 1 no. 7 and
of obstruction of powers under Article 11 paragraph 9: by
decision of the national council or the federal government.”
10. The following paragraphs 6 and 7 shall be added to Article 151:
1993 5

“(6) The listed provisions in the issue of the Federal
Constitutional Law Gazette No. 508/1993 shall enter into
force as follows:
1. Article 10 paragraph 1 no. 9, Article 11 paragraph 1
no. 7, and Article 11 paragraphs 6, 7, 8, and 9 shall
enter into force on July 1, 1994.
2. Article 28 paragraph 5, Article 52 paragraph 2, the
designation of the former Article 52 paragraph 2 and
paragraph 3 as 3 and 4, and Article 52b shall enter into
force on October 1, 1993.
3. Article 142 paragraph 2 letter h shall enter into force
on January 1, 2001.
(7) Article 11 paragraphs 7 and 8 as amended by the Federal
Constitutional Law Gazette No. 508/1993 shall cease to have
effect after midnight of December 31, 2000. On December 31,
2000, proceedings pending before the Independent
Environmental Council are after the December 31, 2000
deadline to be lead to an end by jurisdiction of applicable
law.”
Klestil
Vranitzky
532. Federal Law on the Banking (Banking law – BWG), the
Investment Fund (Investment Funds Act – InvFG 1993), by
building societies (Building Societies Act – BSpG), about the
repeal of the Banking Act, the Articles II and III of the Federal
Law BGB1. No. 325/1986, the Bank Agent Act, the banks
headquarters Act, the Federal Law on the business supervision
of the reconstruction law, the federal law concerning the sale of
1993 6

shares of nationalized banks, parts of the Federal Law on the
Restructuring of the children of law, the Federal Law on
Investment Funds (Investment Fund Act), the insurance
supervision Act 1931, introduction of the Regulation of
Insurance supervision Act 1931 and amendments of the Federal
Constitution as amended in 1929, the Savings Bank Act, the
Mortgage Bank Act, the Mortgage Act, the introduction of
regulation for mortgage banking and mortgage law, the
investment fund law, the Postal Savings Bank Act 1969, the
Capital Market Law, the Insurance Supervision Act 1978, the
premium savings Promotion Act, the Amendment of the
Corporate Income Tax Act 1988, the valuation Act, the Industrial
Code 1973 and the Accounting Act (Financial Market
Amendment Act 1993)
The National Council has decided:
Article I: Banking Law
Section I: General Provisions
§ 1 Credit and Financial Institutions
§ 2 Definitions
§ 3 Exceptions
Section II: Concessions
§ 4 and § 5 Licensing
§ 6 Concession Withdrawal
§ 7 Extinguishing a Concession
§ 8 Relations with Third Parties
1993 7

Section III: Right of Establishment and Freedom to Provide
Services
§ 9 Credit Institutions from Member States in Austria
§ 10 Austrian Credit Institutions in Member States
§ 11 Financial Institutions from Member States in
Austria
§ 12 Austrian Financial Institutions in Member States
§ 13 Subsidiaries of Financial Institutions from Member
States in Austria
§ 14 Subsidiaries of Austrian Financial Institutions in
Member States
§ 15 to § 18 Supervision as Part of Establishment and
Freedom to Provide Services
§ 19 Deliveries
Section IV: Ownership Rules and Permits
§ 20 Qualifying Holdings in Credit Institutions
§ 21 Permits
Section V: Regulatory Standards
§ 22 Solvency
§ 23 Capital
§ 24 Consolidated Capital Resources
§ 25 Liquidity
1993 8

§ 26 Open Positions
§ 27 Gross Investments
§ 28 Loans to Executive Bodies
§ 29 Investments
Section VI: Banking Groups
§ 30 Banking Groups
Section VII: Savings Deposits
§ 31 Savings Certificates
§ 32 Deposits, Withdrawals and Interest
Section VIII: Consumer Provisions
§ 33 Consumer Credit Contracts
§ 34 Consumer Checking Account Contracts
§ 35 Price List and Advertising
§ 36 Business Relationships with Young People
§ 37 Value Date
Section IX: Banking Confidentiality
§ 38 Banking Confidentiality
Section X: Due Diligence and Money Laundering
§ 39 Due Diligence
§ 40 and § 41 Money Laundering
1993 9

Section XI: Internal Audit
§ 42 Internal Audit
Section XII: Financial Reporting
§ 43 and § 44 General Provisions
§ 45 to § 50 General Disclosure Requirements for
Balance
§ 51 Provisions Relating to Certain Balance Sheet Items
§ 52 to § 54 Special Provisions Relating to Certain Items
in the Profit and Loss Account
§ 55 to § 58 Rating Rules
§ 59 Consolidated Financial Statements
§ 60 to § 63 Bank Examiners
§ 64 Appendix
§ 65 Publication
Section XIII
Provisions Concerning the Collateral Pool in Accordance
with § 230a Civil Code
§ 66 to § 68 Accordance with the Provisions Concerning
a Collateral Pool § 230 Civil Code
Section XIV: Supervision
§ 69 to § 72 Supervision
§ 73 Adverts
1993 10

§ 74 Reports
§ 75 Gross Credit Report
§ 76 State Commissioner
§ 77 International Cooperation
Section XV: Moratorium and International Sanctions
§ 78 Moratorium and International Sanctions
Section XVI: Austrian National Bank
§ 79 to § 81 Austrian National Bank
Section XVII: Insolvency Provisions
§ 82 to § 91 Insolvency Provisions
Section XVIII: Structure Determination
§ 92 Incorporation into Limited Companies
Section XIX: Deposit Insurance
§ 93 Deposit Insurance
Section XX: Title Protection
§ 94 Title Protection
Section XXI: Savings Associations and Savings Banks
§ 95 Savings Associations and Savings Banks
Section XXII: Procedural and Penalty Provisions
§ 96 to § 101 Proceedings and Penalties
1993 11

Section XXIII: Converting of Participation Capital
§ 102 Converting of Participation Capital
Section XXIV: Conversions and Final Provisions
§ 103 Transitional Provisions
§ 104 Change of Names
§ 105 References and Regulations
§ 106 Expiry
§ 107 Entry into Force and Enforcement Clause
Article II: Investment Funds Act
Section I: Investment Funds and Investment Companies
(Mutual Funds and Investment Companies)
§ 1 Investment Funds
§ 2 Investment Companies
§ 3 Legal Disposal of Investment Companies
§ 4 Restrictions on Disposal
§ 5 Shares
§ 6 Issuance of Share Certificates
§ 7 Calculation of Net Asset Value, Issue Price
§ 8 The Shareholders’ Register
§ 9 Contingencies
1993 12

§ 10 Waiver of Co-ownership Share; Redemption of
Units
§ 11 Financial Year of the Investment Fund
§ 12 Financial Reporting and Publication
§ 13 Profits
§ 14 Termination of the Management by the Investment
Company
§ 15 Management by the Depositary or Another
Investment Company
§ 16 Execution of an Investment Fund
§ 17 Acquisition Prohibition Organs for the Investment
Company
§ 18 Publications
§ 19 Protection of Titles
§ 20 Investment Rules
§ 21 Derivative Products
§ 22 Fund Terms
§ 23 Depositary
Section II: Regulations Concerning the Distribution of Foreign
Capital Investment Funds
§ 24 Scope
§ 25 Prerequisites for the Admissibility of a Public Offer
1993 13

§ 26 Disclosure Policy
§ 27 Accountability Report, Assets, Output and
Repurchase Price
§ 28 Authoritative German Text
§ 29 Subcommittee Chair
§ 30 Display Duty
§ 31 Waiting Period – Sales Ban
§ 32 Advertisement
Section III: Regulations Concerning the Distribution of EEA
Investment Funds
§ 33 Prerequisites
§ 34 Designation of a Domestic Credit Institution –
Other Obligations of the Investment Company
§ 35 German-language Publications, Accountability
report, Semi-annual Report and Prospectus
§ 36 Display Duty
§ 37 Recording of Sales
§ 38 Provision of Free Prospectus, Annual Report and
Semi-annual Report
§ 39 Re-use of Common Names
Section IV: Taxes
§ 40 Taxes on Income and on Capital
1993 14

§ 41 Capital Transfer Tax
§ 42 Application Report of the Fourth Section
Section V: Advertising for Shares – Procedural Provisions
§ 43 Restricting Advertising of Share Certificates
§ 44 and § 45 Penalties
§ 46 Compulsory Punishment
Section VI: Transitional Provisions
§ 47 Transitional Provisions
§ 48 Enforcement Clause
Section VII: Final Provisions
Article III: Building Societies Act
§ 1 Definitions
§ 2 Business Purpose
§ 3 and § 4 Business Plan and General Conditions for a
Savings Business
§ 5 Concession – Issuing and Redemption
§ 6 Fiduciary Business Management
§ 7 Changing a Business Plan and the General Conditions for a
Savings Business
§ 8 Fencing and Securing a Savings Fund
§ 9 Avoid Currency Risks
1993 15

§ 10 Securing Debt
§ 11 Regulatory Power
§ 12 Financial Statements
§ 13 Portfolio Transfer
§ 14 State Commissioner
§ 15 Penalties
§ 16 Transitional Provisions
§ 17 Repeal of Existing Legislation
§ 18 Entry into Force
§ 19 Execution
Article IV: Amendment of the Constitution Act as Amended in 1929
Article V: Changing the Savings Bank Act
Article VI: Modification of the Mortgage Bank Act
Article VII: Amendment of the Mortgage Act
Article VIII: Amendment of Introductory Regulation of the Mortgage
Banking and Mortgage Law
Article IX: Amendment of the Investment Fund Law
Article X: Amendment of Post Office Savings Bank Act 1969
Article XI: Amendment of the Capital Market Law
Article XII: Amendment of the Insurance Supervision Act 1978
Article XIII: Amendment of the premium savings Promotion Act
1993 16

Article XIV: Amendment of the Corporate Income Tax Act 1988
Article XV: Amendment of the Valuation Act
Article XVI: Amendment of the Industrial Code 1973
Article XVII: Amendment of the Accounting Act
Article IV: Amendment of the Federal Constitution as Amended in
1929
The Federal Constitution as amended in 1929, last amended by the
Federal Constitutional Gazette No. 508/1993, shall be amended as
follows:
1. In Article 102 paragraph 2 after the word “monopoly”the
phrase “money, credit, securities, banking, insurance and
postponement,” shall be added.
2. In Article 151 the following paragraph 5 shall be added:
“(5) Article 102 para 2 as amended by Federal Law
Gazette No. 532/1993 shall enter into force on 1 January.

Constitutional Text: Austria 1945, Amendments 1986,1987,1988,1990, 1992 and 1993

Author: international

Mentioned in these Entries

Bills, Court Reports, Education, Other provisions, State law, Treaties, country.