Relevant regulations in the Statistics Act

Federal Act on Federal Statistics (Federal Statistics Act 2000) no. 163/1999, as amended by BGBl. I, no. 136/2001, by BGBl. I, no. 71/2003, by BGBl. I, no. 92/2007, by BGBl. I, no. 125/2009 and by BGBl. I, no. 111/2010.

Establishment of the Statistics Council

Article 44. (1) Statistik Österreich shall have a Statistics Council.

(2) The Statistics Council shall comprise 16 members appointed as follows:

four members by the Federal Chancellor,

the Federal Minister of Finance, the Federal Minister for Economics and Labour, the Federal Minister for Health, Family and Youth, the Federal Minister of Social Affairs and Consumer Protection and the Federal Minister for Agriculture, Forestry, Environment and Water Management shall each appoint one member,

the Austrian National Bank, the Austrian Federal Economic Chamber, the Presidential Conference of Austrian Chambers of Agriculture, the Federal Chamber of Labour, the Austrian Association of Municipalities, the Austrian Association of Towns, and the Conference of Provincial Governors shall each appoint one member.

(3) Members shall hold the professional qualifications needed to perform Statistics Council duties. Members of the Statistics Council shall be appointed (delegated) for a term of five years. Said term shall commence at the first meeting of the newly appointed Statistics Council. Should any member leave the Statistics Council before the end of his/her term of office, a new member shall be appointed to fill his/her position. Upon expiry of its term of office, the Statistics Council shall remain in post until the first meeting of the new Statistics Council.

(4) Statistical Council members may be dismissed or allowed to resign before the end of their term of office by the body that appointed or delegated them if:

1. the member concern so requests;

2. the member concerned has been negligent in the performance of his/her duties;

3. the member concerned is unable to perform his/her duties with all due diligence as a result of serious physical or mental illness.

(5) The Chair of the Statistics Council and his/her deputy shall be appointed from among the members of the Statistics Council described in (2) no.1 hereabove by the Federal Chancellor.

(6) Statistics Council members may not at the same time be members of the management or staff of Statistik Österreich or of its Economic Council.

(7) The Statistics Council shall develop its own rules of procedure, which shall be subject to approval by the Federal Chancellor. The rules of procedure shall allow minority votes.

(8) Statistics Council members shall be entitled to remuneration for their time and work; such remuneration shall be set by the Federal Chancellor.

Meetings of the Statistics Council

Article 45. (1) The Statistics Council shall meet as and when required and at least quarterly.

(2) Meetings of the Statistics Council shall be convened by its Chair in writing, by telephone, telegraph, fax or by any suitable electronic means stating date, place and agenda. The Director General - Finance and the Director General - Statistics of Statistik Österreich shall be informed when meetings are convened.

(3) At least two members of the Statistics Council, the Director General - Finance or the Director General - Statistics may require the Chair of the Statistics Council to convene a meeting immediately, so long as they state the purpose and reason for the meeting. The meeting shall take place within two weeks of the date it is called.

(4) The Director General - Finance and the Director General - Statistics of Statistik Österreich are entitled to attend meetings if they so wish, however the Statistics Council may make their attendance mandatory. Specialists and information-providers may be consulted on individual subjects.

(5) The Chair of the Statistics Council shall chair its meetings and determine the manner of voting.

(6) A written record of the proceedings and resolutions of the Statistics Council shall be prepared and shall be signed by the Chair or his/her deputy.

Statistics Council resolutions

Article 46. (1) Statistics Council meetings shall be quorate if all members have been given at least two weeks' written notice to attend, which notice shall include the agenda for the meeting concerned, and if at least half those members, including the Chair or his/her deputy, are present.

(2) Resolutions shall be passed by simple majority vote. In the event of a tie, the Chair shall have the casting vote.

(3) In emergencies, resolutions may be passed in writing or otherwise, pursuant to article 51 (3) hereunder, without the need to convene the Statistics Council (circularisation) so long as no Statistics Council member expresses any objection to the procedure within the time set by the Chair, which shall be at least three working days after dispatch of the documents. Resolutions shall be achieved  if all Statistics Council members have been invited to vote and at least half of such members have done so within the time set by the Chair.

(4) A member of the Statistics Council may authorise another member in writing to represent him/her at an individual meeting. The member thus represented shall not be counted when it is established whether there is a quorum. The right to chair the meeting cannot be transferred.

(5) The Statistics Council may appoint one or more committees from among its members for the purpose of preparing its discussions and resolutions or monitoring the implementation of its resolutions.

Duties of the Statistics Council

Article 47. (1) The duties of the Statistics Council shall be as follows:

1. prepare an annual report for Statistik Österreich in compliance with article 24 hereabove;

2. issue recommendations:

a. on the design of administrative data, so that it can also be used for statistical purposes, and

b. on the co-ordination of federal ministries and Federal Statistics bodies on matters concerning statistics for the Federal Government and the European Union.

3. issue statements:

a. on draft regulations pursuant to article 4 (3) and (4) hereabove and their planned implementation and on statistics-related Bills,

b. on draft regulations within the meaning of articles 5 to 7 hereabove;

c. on draft orders issued by European Union bodies requiring Community statistics to be compiled and statistical surveys to be carried out.

4. issue statements and recommendations on work programmes and budgets within the meaning of article 39 hereabove.

(2) The Statistics Council shall submit:

1. the report pursuant to (1) no.1 hereabove to the Federal Chancellor, federal ministers, the Economic Council and the management of Statistik Österreich simultaneously, and

2. recommendations and statements pursuant to (1) nos.2 and 3 hereabove to the Federal Chancellor, the responsible federal minister, the Economic Council and to the management of Statistik Österreich.

(3) The Statistics Council shall also provide the Federal Chancellor with an annual activity report, which shall be presented to the National Assembly by the Federal Government.

(4) (1) no.3 c hereabove is without prejudice to the provisions in any other Federal Acts concerning the issue of statements on European Union law making.

(5) With the support of the Statistik Österreich management, the Statistics Council shall adjoin to its recommendations regarding the work programmes and statistics an appraisal of the anticipated supplementary or reduced costs associated therewith.