Registration Act 1991
| Basic data | |
|---|---|
| Title: | Registration Act 1991 |
| Long title: | Federal law on police reporting |
| Abbreviation: | MeldeG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Special administrative law |
| Reference: | Federal Law Gazette No. 9/1992 |
| Date of law: | January 7, 1992 |
| Effective date: | March 1, 1992 |
| Legal text: | Registration Act 1991 in the Federal Legal Information System |
| Please note the note on the applicable legal version ! | |
The Austrian Registration Act 1991 (abbreviated MeldeG ) is a federal law and regulates the obligation to register and de-register a person in accommodation (apartments, accommodation establishments, etc.), the responsibility of the authorities and the corresponding criminal provisions.
structure
The Registration Act 1991 consists of 25 paragraphs, which are divided into the following three sections:
- Section 1: Reporting cases and obligations of those affected
- Section 2: Registration authorities, registration registers and processing of registration data
- Section 3: Penal, Transitional and Final Provisions
Terms
accommodation
According to Section 1, Paragraph 1 of the 1991 Registration Act, accommodations are rooms that are used for living or sleeping. Ordinary apartments and houses, but also rooms in hotels and pensions, for example, count as accommodation according to this definition. The owner of the accommodation is the accommodation provider in accordance with Section 1, Paragraph 2 of the 1991 Registration Act.
Accommodation establishments and apartments
The term “accommodation facility” is defined in Section 1 (3) of the 1991 Registration Act; this mainly includes hotels and guest houses. Whether these are operated for a fee or free of charge is irrelevant, it is only important that they are intended to accommodate guests for a temporary stay . In the following paragraph (Section 1, Paragraph 4 of the 1991 Registration Act), apartments are defined as accommodation that is not an accommodation facility. It is also defined that vehicles and tents are also considered to be apartments if they are used as accommodation in the same municipality for more than three days .
Residence and main residence
According to Section 1, Paragraph 6 of the Registration Act 1991, a place of residence is established at an accommodation where a person has settled with the intention of having a point of contact for life relationships there for the time being. In accordance with Section 1, Paragraph 7 of the Registration Act 1991, a main residence is established at an accommodation where a person has settled with the intention of making this the center of their life relationships. For the definition of the center of life relationships, in accordance with Section 1, Paragraph 8 of the Registration Act 1991, the length of stay, a possibly nearby workplace or training facility, the place of residence of family members or relatives and any functions or memberships in associations are particularly important .
homelessness
Section 1 (9) of the 1991 Registration Act defines homelessness as follows: Anyone who has not taken shelter anywhere is homeless.
Reporting requirement
The obligation to report is defined relatively broadly in Section 2 (1) of the 1991 Registration Act: Anyone who takes up or gives up accommodation in an apartment or accommodation facility must be registered.
Message in an apartment
Registration for accommodation in an apartment must be made no later than three days after moving in. Deregistration must also be made no later than three days after moving out. In fact, registration or de-registration takes place as soon as the registration form is available to the authorities or the data on the registration form have been transmitted electronically.
However, there are many exceptions to this reporting requirement, including a general exception for people who do not live in an apartment for more than three days, for representatives of foreign states (such as heads of state , members of the government , their escorts and diplomats ) and for people who are detained were. If a person has already been registered, there is no need to re-register if they are not granted free accommodation for more than two months in an apartment or in a hospital , as a minor in a home (such as a youth hostel ) or as a member of a guard , the armed forces or the fire brigade (in the context of disaster control) is housed in shared accommodation.
The accommodation owner is responsible for fulfilling the obligation to register; In the case of a minor, a legal guardian is responsible, unless the minor lives with or with a legal guardian, the accommodation provider is responsible. If a person is represented by an adult representative, this person is responsible for fulfilling the reporting requirement. The correctness of the registration data on the registration form must be confirmed by the person required to register with a signature.
The accommodation provider (if it is not an operator of an accommodation facility) must also sign the registration forms signed by the person obliged to register and he is obliged to notify the registration authority if he has reason to believe that the accommodation owner has not complied with his registration obligation.
Registration in an accommodation facility
The registration of the accommodation in an accommodation establishment takes place by the disclosure of essential data (name, date of birth, nationality etc.) to the operator as well as a confirmation by a signature. There are simplified regulations for families and tour groups with more than eight people.
The guest directory is described in § 10 Registration Act 1991 and is a register in which the operator of an accommodation establishment has to enter the data of his guests as well as the arrival and departure dates. These records must be kept for seven years; Upon request, the registration authorities and the organs of the public security service must be allowed to inspect these records. The guest directory can be kept electronically, in this case written copies are to be issued upon request.
Registration authority and register
According to Section 13 (1) of the 1991 Registration Act, the registration authority is the mayor of the municipality in which the accommodation is located.
The registration authorities are obliged to keep a register ( local register ) in which the entire data of the accommodation participants are entered. In principle, the data must be saved or retained for 30 years after deregistration. The registration authorities are obliged to keep the data in the local register up to date and to de-register persons ex officio, for example after their death. Likewise, registrations and de-registrations are to be made ex officio if no notification has been made unlawfully or if incorrect data was provided when reporting. An ex officio report must be made known to the person required to report and he must be asked to comment before it is carried out.
In order to check the data in the register, the registration authority can request a declaration of residence from the person required to register, in which the data must be confirmed or repeated.
Central register of residents
The registration authorities maintain all registration data in the Central Registration Register (ZMR), which is kept at the Federal Ministry of the Interior. This allows the registration data of authorities, courts and business customers such as lawyers throughout Austria to be viewed (possibly for a fee). This also makes it possible to deregister at the registration authority responsible for the new place of residence. Information from the central register of residents about a person must be provided to anyone who can credibly demonstrate a legitimate interest (e.g. the owner of a rented apartment). If an information block has been imposed on a person's registration data, no information can be issued from the central register. Not to be confused is such information with the official as confirming the message designated registration certificate , commonly known adheres still the formerly used term residence registration . Such a confirmation must be presented when concluding many contracts (such as electricity, natural gas or district heating supply contracts) and must be issued to the person subject to the notification requirement upon request. Such an application can be made at any registration authority.
Likewise, the owner of a house can ask any registration office to disclose the names and addresses of all persons registered in the house. The district administrative authorities or the state police departments can access the data of all registered in their area of responsibility with non-Austrian citizenship in the central register, the military command the conscripts registered in their area of responsibility who have not yet reached the age of 50.
Complaint procedure
The complaint procedure is standardized in Section 17 of the 1991 Registration Act for the official determination of the main place of residence (e.g. if the person required to report has given incorrect information). It is carried out by the offices of the provincial government (or the magistrate of the city of Vienna ); the authority is the governor . It is carried out at the request of the mayor of the municipality in which a person has their main residence or the mayor of the municipality in which they actually have their main residence. If these two municipalities are not in the same federal state, the procedure is carried out by the Federal Ministry of the Interior (the authority is the Federal Minister ).
Comments are obtained from both mayors, who are allowed to consult data that they have determined during the execution, as well as from Statistics Austria in case of doubt . Likewise, if a declaration of residence is incorrect or incomplete, a complaint procedure can be applied for after setting a grace period.In this case, data from the district administration , school, motor vehicle and financial authorities, the social security agencies and the labor market service can also be obtained. After completing the complaint procedure, the authority issues a notification and the registration authorities are obliged to make any necessary corrections to the register.
Criminal provisions
Penalties of up to 726 euros or, in the event of repetition, of up to 2180 euros are provided for breaches of the reporting obligation (no or incorrect cancellation or registration), for providing incorrect data and for incomplete maintenance of a guest directory.
Penalties of up to 360 euros or, in the event of repetition, of up to 1090 euros are provided for not bringing in documents, for violating the reporting obligation after a complaint procedure or for signing a false registration slip as the accommodation provider.
The district administrative authorities are responsible for carrying out criminal proceedings.
See also
- Federal Registration Act for the situation in Germany
