1398. Other acts endangering the safety of aircraft.

It is an offence for any person:

  1.  

    (1)     unlawfully1 and intentionally to destroy or damage any property2 used for the provision of air navigation facilities3, or to interfere with the operation of any such property, where the destruction, damage or interference is likely to endanger the safety of aircraft in flight4; or

  2.  

    (2)     intentionally to communicate any information which is false, misleading or deceptive in a material particular, where the communication of the information endangers or is likely to endanger the safety of aircraft in flight5.

An act does not constitute either of these offences unless it is committed in