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