AUSTRIA Law and Practice Contributed by: Michael Rohregger, Rohregger Rechtsanwälte
which they must also make public (eg, via a notice on their own website). The social partners ( Sozialpartner ) and collective agreement institutions are explicitly excluded from the Austrian Lobbying Act. They are solely obligated to register, as are other self-governing bodies and interest groups, although, in addi - tion to the registration obligations, the conduct obligations apply to them. Also excluded from the scope of the Austrian Lobbying Act are political parties, church and religious societies that have been legally recog - nised, the Austrian Association of Municipalities, the Austrian Association of Cities, the statutory social insurance institutions and their main asso - ciation, as well as interest groups that do not employ employees as interest representatives. Furthermore, certain activities – listed in a tax - onomic manner – are explicitly excluded. The Austrian Lobbying Act does not apply to: • activities of public officials in the exercise of their duties; • activities of a person by which they look after non-entrepreneurial interests of their own; • the representation of the interests of a party or participant concerning administrative or judicial proceedings; • legal advice or representation by lawyers, notaries, certified public accountants and other persons authorised to do so; and • the representation of foreign policy interests in diplomatic or consular dealings carried out upon request by a functionary. One year before the law was introduced, the Austrian Public Affairs Association (ÖPAV) was constituted as a professional group of pub - lic affairs officers in companies, associations,
NGOs and agencies. Its members now number more than 80 and work as professional lobby - ists in their respective organisations. They have subjected themselves to a strict code of conduct (by means of international guidelines) that goes far beyond the requirements defined in the law. According to international observers, the result is the most comprehensive and progressive guideline in all of Europe. The Austrian Public Affairs Association sends out a clear signal of transparency and quality to politicians, civil society, as well as to clients and the interested public. The limitation period for the prosecution of corruption offences is based primarily on the amount of any loss or illegitimate advantage, whereby, as a rule, the limitation period is five or ten years. Here, it must be borne in mind that particular periods, specifically the majority of a preliminary criminal investigation, are not count - ed as part of the limitation period. 3.2 Geographical Reach of Applicable Legislation Austrian criminal laws apply in any event to all offences committed within Austria. Furthermore, Austrian criminal laws apply to criminal offences committed abroad by an Austrian civil servant, public official or Austrian arbitrator, as well as in the case of corruption offences if the perpetra - tor was an Austrian national at the time of the offence or the offence was committed in favour of an Austrian public official or arbitrator. Falsification of balance sheets (Sections 163a–d of the Austrian Criminal Code) is also subject to 3. Scope of Application 3.1 Limitation Period
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