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Federal Law on the Rules of Procedure of the National Council

Rules of Procedure Law of 1975

Promulgations: BGBl. [Federal Law Gazette] No. 410/1975 as amended in BGBl. Nos 302/1979, 353/1986, 720/1988, 569/1993, 438/1996 and BGBl. I Nos 131/1997, 163/1998, 29/2005, 31/2009, 11/2010, 12/2010, 114/2011, 66/2012, 31/2013, 131/2013, 132/2013, 6/2014, 99/2014 and 62/2015

XI. Special Provisions regarding the Consideration of Other Items of Business

§ 75. (1) Private Members' motions other than bills shall be referred by the President to a committee during the sitting following their distribution.

(2) Committee motions calling for decisions that do not regard adoption of legislation shall be dealt with by the National Council without any preliminary deliberation. This shall also hold for the reports of investigating committees and of the Main Committee (§ 21 (2)).

(3) The debate and vote on items mentioned in (1) and (2) above and on motions to reject an initiative or proposal under § 26b shall be governed by the General Provisions concerning the Consideration of Business in Sittings of the National Council.

§ 76. (1) The President shall refer Government proposals other than bills as well as items of business relating to initiatives and decisions of the European Council and the Council under Art. 23i (1), (3) and (4) B-VG and Art. 23j (1) B-VG to a committee in the sitting immediately subsequent to the distribution of said items.

(2) Preliminary deliberation by the committee shall be followed by a debate and vote in accordance with the General Provisions concerning the Consideration of Business in Sittings of the National Council.

(3) On the occasion of approving the conclusion of a State Treaty under Art. 50. para 1 (1) B-VG the National Council may decide to what extent said State Treaty shall be implemented by the adoption of legislation (Art. 50 para 2 (4) B-VG). The National Council may furthermore decide that said State Treaty or specifically designated parts thereof be made public in a suitable manner other than by publication in the Federal Law Gazette (Art. 49 para 2 B-VG).

(4) If a State Treaty provides for its simplified revision (Art. 50 para 2 (1) B-VG) the National Council may reserve the right to approve such amendments. Motions for a decision under paras 3 and 4 may also be introduced in the course of a preliminary deliberation. A motion that the National Council take such a decision may be made in the form of a committee motion under § 27 para 3 or in the form of an amendment introduced in the course of the debate in the National Council. 

(5) When the National Council is to debate the approval of state treaties modifying the contractual bases of the European Union, each parliamentary group may designate one Member of the European Parliament elected in Austria to take part in the deliberations in an advisory capacity if it so announces in writing no later than 48 hours prior to the debate – not counting Saturdays, Sundays and public holidays. § 74b  (6) shall apply mutatis mutandis.

§ 77. (1) Objections of the Federal Council to bills passed by the National Council shall be communicated to the National Council in writing by the Chairperson of the Federal Council (Art. 42 (3) B-VG) and referred by the President to a committee at the next sitting following their distribution. The committee seized of such an objection shall respond either by moving that the original bill be reaffirmed or by submitting a new bill.

(2) Preliminary deliberation by the committee shall be followed by a debate and vote in the National Council. If the committee proposes that the original decision of the National Council be reaffirmed, the General Provisions concerning the Consideration of Business in Sittings of the National Council shall apply. If, however, the committee's proposal is for adoption of a new law, the National Council shall embark upon the second reading in accordance with the Special Provisions regarding the Consideration of Bills.

§ 78. (1) Reports of Members delegated by the National Council, or the National Council in conjunction with the Federal Council, to international parliamentary organisations, of Members of the National and Federal Councils participating in meetings of the Interparliamentary Union, as well as reports of the Ombudsman Board and stenographic records of parliamentary hearings shall be referred to a committee for preliminary deliberation at the next meeting following their distribution.

(2) Preliminary deliberation by the committee shall be followed by a debate and vote in accordance with the General Provisions concerning the Consideration of Business in Sittings of the National Council.

§ 79. (1) The Federal Financial Accounts shall be presented by the Court of Audit. The Court of Audit shall report to the National Council by December 31 of each year about its activities during the preceding year, and about special auditing activities under § 99. In addition, the Court of Audit may report to the National Council at any time about specific findings and introduce proposals thereon.

(2) The President shall refer reports of the Court of Audit for preliminary deliberation to the standing committee established for this purpose (Court of Audit Committee) at the sitting following their distribution. The Federal Financial Accounts shall in the same way be referred to the Committee under § 32a.

(3) The Committee shall commence preliminary deliberation of Court of Audit Reports within six weeks. The Court of Audit Committee may decide that informants be heard in open meeting under § 37a (1) [5]. Sound, film and video recordings as well as the taking of photographs shall not be permitted. During the debate no intervention shall be longer than ten minutes. In addition, a time frame for the hearing shall be envisaged at the beginning of the sitting. Preliminary deliberation by the Committee shall be followed by a debate and vote in accordance with the General Provisions concerning the Consideration of Business in Sittings of the National Council.

(4) In the case of the Federal Financial Accounts, the Committee's proposal shall, if its report is favourable, contain a bill to that effect. In this case the National Council shall embark upon the second reading in accordance with the Special Provisions regarding the Consideration of Bills.

§ 80. (1) Requests for the approval of the public prosecution of Members under § 10 (2 and 3, first sentence), requests for a decision on a possible connection with political activities of the Member as outlined in § 10 (3), and notifications on the part of authorities under § 10 (5), requests of authorities under Art. 63 (2) B-VG and requests for the authority to prosecute persons for insulting the National Council shall as and when received be referred by the President to the standing committee seized of such matters (Immunities Committee). Requests for the approval of the public prosecution of Members under § 10 (3, first sentence) and requests for a decision on a possible connection with political activities of the Member as outlined in § 10 (3) shall be communicated to the Member concerned.

(2) Preliminary deliberation by the committee shall be followed by a debate and vote in accordance with the General Provisions concerning the Consideration of Business in Sittings of the National Council. During the parliamentary recess, notifications on the part of authorities under § 10 (5) shall be decided upon by the Immunities Committee acting on behalf of the National Council.

(3) The Committee shall report to the National Council about requests for the extradition of Members in good time to allow it to vote on said request at the latest on the penultimate day of the eight-week period provided therefore in § 10 (4).

(4) Should the Committee fail to report in good time, the President shall put the request for extradition to the vote on the penultimate day of said eight-week period at the latest.

§ 81. (1) If five Members so demand in writing, debates on declarations by members of the Federal Government and notifications of the appointment of members of the Federal Government and of State Secretaries shall take place immediately.

(2) If the demand is not expressly for said debate to take place immediately, the President shall determine the time for the debate after consultation of the President's Conference.

(3) If there are any objections to the immediate holding of a debate under (1) above, the National Council shall decide on such objections. In this case, however, the debate shall not take place later than at the end of the next sitting other than sittings under § 94 (5, third and fourth sentences).