Article 41 [Bills]
(1) Legislative proposals are submitted to the House of
Representatives either as motions by its members or as Federal
Government bills. The Senate can propose legislative motions to
the House of Representatives by way of the Federal Government.
(2) Every motion proposed by 100,000 voters or by one sixth each
of the voters in three States shall be submitted by the main
electoral board to the House of Representatives for action. The
initiative
must be put forward in the form of a draft law.
Article 42 [Objection]
(1) Every enactment of the House of Representatives shall without
delay be conveyed by the President to the Senate.
(2) Save as otherwise provided by constitutional law, an
enactment can be authenticated and published only if the Senate
has not raised a reasoned objection to this enactment.
(3) This objection must be conveyed to the House of
Representatives in writing by the Chairman of the Senate within
eight weeks of the enactment's arrival; the Federal Chancellor
shall be informed thereof.
(4) If the House of Representatives in the presence of at least
half its members once more carries its original resolution, this
shall be authenticated and published. If the Senate resolves not
to raise any objection or if no reasoned objection is raised
within the deadline laid down in Paragraph (3), the enactment
shall be authenticated and published.
(5) The Senate can raise no objection to resolutions of the House
of Representatives relating to a law on the House of
Representatives' Standing Orders, the dissolution of the House of
Representatives, the appropriation of the Federal Budget
estimates, the sanction of the final Federal Budget
, the raising or conversion
of federal loans, or the disposal of federal property. These
enactments of the House of Representatives shall be authenticated
and published without further formalities.
Article 43 [Referendum]
If the House of Representatives so decides or if the majority of
members of the House of Representatives so demands, every
enactment of the House of Representatives shall be submitted to a
referendum
upon
conclusion of the procedure pursuant to Article 42
but before its authentication by the Federal President.
Article 44 [Constitutional Laws]
(1) Constitutional laws or constitutional provisions contained in
simple laws can be passed by the House of Representatives only in
the presence of at least half the members and by a two thirds
majority of the votes cast, they shall be explicitly specified as
such.
(2) Any total revision of the Federal Constitution shall upon
conclusion of the procedure pursuant to Article 42
but before its authentication by the Federal President be
submitted to a referendum by the entire nation, whereas any
partial revision requires this only if one third of the members
of the House of Representatives or the Senate so demands.
Article 45 [Referendum Majority]
(1) For a referendum, the absolute majority of the validly cast
votes is decisive.
(2) The result of a referendum shall be officially announced.
Article 46 [Initiative and Referendum Law]
(1) The procedure for an initiative and a referendum will be
prescribed by federal law.
(2) Everyone who is eligible for the House of Representatives has
the right to vote.
(3) A referendum takes place at the order of the Federal
President.
Article 47 [Signatures]
(1) The constitutional enactment of federal laws is authenticated
by the signature of the Federal President.
(2) The submission for authentication is effected by the Federal
Chancellor.
(3) The authentication shall be countersigned by the Federal
Chancellor.
Article 48 [Publication]
Federal laws and the treaties specified in Article 50 will be published with
reference to their adoption by the House of Representatives;
federal laws based upon a referendum with reference to the result
of that referendum.
Article 49 [Promulgation]
(1) Federal laws and the treaties specified in Article 50 shall be published by the
Federal Chancellor in the Federal Law Gazette. Unless explicitly
provided otherwise, their entry into force begins with expiry of
the day on which the number of the Federal Law Gazette containing
their publication is issued and distributed and it extends,
unless explicitly provided otherwise, to the entire federal
territory; this does not apply to treaties which are to be
implemented by the issue of laws (Article 50 (2)).
(2) The House of Representatives can on the occasion of giving
its sanction to treaties pursuant to Article 50 resolve that a treaty or
individual explicitly specified parts of it shall be published
not in the federal law Gazette, but in another appropriate
manner. Such a resolution by the House of Representatives has to
state the manner of publication, which must guarantee the
accessibility of the treaty for the duration of its validity, and
shall be notified by the Federal Chancellor in the Federal Law
Gazette. Unless explicitly provided otherwise, the entry into
force of such treaties begins with expiry of the day on which the
number of the Federal Law Gazette containing the notification of
the resolution by the House of Representatives is issued and
distributed and it extends, unless explicitly provided otherwise,
to the entire federal territory.
(3) A special federal law on the Federal Law Gazette will he
promulgated.
Article 49a [Republication]
(1) The Federal Chancellor is empowered jointly with the
competent Federal Ministers to restate with binding effect
federal laws in their valid version by publication in the Federal
Law Gazette.
(2) On the occasion of the republication:
1. obsolete terminological expressions can be rectified and
outdated spelling assimilated to the new manner of writing;
2. references to other regulations which no longer fit in with
current legislation as well as other inconsistencies can be
rectified;
3. provisions which have been nullified by later regulations or
otherwise rendered void can be declared invalid;
4. title abridgements and alphabetical abbreviations of titles
can be laid down;
5. the designations of articles, sections, paragraphs, and the
like can in case of elimination or insertion be correspondingly
altered and in this connection references thereto within the text
of the regulation be appropriately rectified; and
6. interim provisions as well as earlier still applicable
versions of the federal law in question can by specification of
their purview be recapitulated and simultaneously with the
republication be separately issued.
(3) From the day following issue of the republication all courts
and administrative authorities are bound by the restated text of
the federal law in respect of facts materializing thereafter.
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