The Austrian Coat of Arms Act
| Basic data |
| Title: | Coat of Arms Act |
| Long title: | Federal Law of 28 March 1984 on the Coat of Arms and Other Emblems of the Republic of Austria (Coat of Arms Act) |
| Type: | Federal Law |
| Scope: | Austrian Republic |
| Reference: | Federal Law Gazette No. 159/1984 |
| Date of Law: | March 28, 1984 |
| Effective Date: | April 27, 1984 |
| Last Change: | Federal Law Gazette I No. 161/2013 (entry into force: 1 January 2014) |
| Law text: | ris.bka |
| Please note the reference to the current version of the law! |
The coat of arms of the Republic of Austria (Federal Coat of Arms), together with the colours of the Republic of Austria, the flag of the Republic of Austria, the official flag of the Federation (Federal Service Flag) and the seal of the Republic of Austria, are laid down in the Federal Act of 28 March 1984 on the Coat of Arms and Other Emblems of the Republic of Austria (Coat of Arms Act), which also regulates the use and display of the Federal Coat of Arms.
The design of the federal coat of arms (the blazoning) is precisely defined in Art. 8a para. 2 Federal Constitutional Law and as such is unchangeable. Various authorities and organisations entitled to bear the coat of arms nevertheless use either simplified, often heraldically "correct", or otherwise modified forms as pictograms, usually referred to as authority marks.
Criminal law provisions place the disparagement of the state and its symbols under special threat of punishment in accordance with § 248 StGB, which also includes the federal coat of arms.
Use and display of the federal coat of arms
With coats of arms is to be distinguished generally the leading in the sense of the coat of arms law, thus the use as personal insignia, and the pure representing. § 7 coat of arms law states:
"The use of images of the federal coat of arms, of images of the flag of the Republic of Austria as well as of the flag itself is permissible insofar as it is not likely to feign public authority or to impair the reputation of the Republic of Austria."
With regard to the latter, the provisions of § 248 StGB, disparagement of the state and its symbols, apply in particular.
Section 4 of the Coat of Arms Act, on the other hand, explicitly enumerates who has "the right to bear the federal coat of arms", with the coat of arms - within the meaning of that Act - being "borne by anyone who uses it in the exercise of governmental functions" (para. 1). These are:
- the highest organs of the Republic with the Federal President, the Presidents of the National Council and the Chairman of the Federal Council, the President and Vice-President of the Court of Audit, the members of the Federal Government and the State Secretaries, as well as with the members of the Ombudsman Board (para. 2);
- the governors of the provinces as organs of indirect federal administration, the authorities, offices, institutions and other departments of the Federation, the Austrian Federal Forests and the Federal Armed Forces; also included are the universities and colleges including their institutes, faculties, departments and special university institutions, insofar as they have at least limited legal personality, as well as the administrations of the State monopolies (para. 3);
- public corporations, legal and physical persons entitled to do so by federal law or to whom this right has been conferred by an administrative act on the basis of federal law provisions (para. 4).
"The draft law is based on the view that the federal coat of arms as a state symbol is to be used only by state organs, state authorities and offices as well as certain state institutions. Consequently, no provision is made for conferring this entitlement on other natural persons or legal entities. However, the authorizations to use the coat of arms of the Republic of Austria standardized in other legal provisions or granted on their basis are not to be affected by this."
- Federal Government: Government Bill on the Coat of Arms Act: Explanations, general part, page 4
Accordingly, in addition to the above-mentioned persons entitled to use the federal coat of arms, individual other organisations, such as the Austrian Red Cross or the Vienna Boys' Choir, as well as individual companies are also entitled to use the national coat of arms. Pursuant to Section 68 of the Trade, Commerce and Industry Code, the Minister of Economic Affairs grants companies that distinguish themselves through special services to the Austrian economy or an outstanding position in their branch of industry permission to use the coat of arms together with a reference to the character of the distinction (state distinction, or state coat of arms bearer).
Furthermore, although every Austrian (state) school is not permitted to display the coat of arms in the school logo, according to Section 7(2) of the Compulsory School Maintenance Act 1955 (2012), each classroom of a compulsory school must display "at least" one federal coat of arms.
Pursuant to § 53 and § 54 of the Motor Vehicles Act, only motor vehicles intended for use on official and ceremonial occasions and only for federal executive bodies (Federal President, members of the Federal Council and National Council, etc.) may bear the coat of arms.
Definition of the "use of the federal coat of arms
In the explanations of the government bill to the coat of arms law of 1984 is found in the special part to § 4 to the term it "leading":
The legal definition of the term "use of the federal coat of arms" appears necessary for the sake of legal clarity. It is based on the opinion of the Administrative Court in its decision of 25 March 1966, Zl. 1368/1965. It is only to be understood as a specific type of use or use of the coat of arms, namely one which indicates a public entitlement (cf. also Holzinger, Kompetenzfragen des Wappenschutzes, ÖJZ 6/1977, p. 143)."
- Federal Government: Government Bill on the Coat of Arms Act: Explanations, special part, page 6.