Air Navigation and Transport Act, 1988

Amendment of sections 3 and 5 of Air Navigation and Transport Act, 1975.

51.—The Air Navigation and Transport Act, 1975 , is hereby amended by—

(a) the substitution of the following subsection for subsection (1) of section 3:

“(1) A person shall be guilty of an offence if anywhere he unlawfully and intentionally—

(a) commits on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft,

(b) destroys an aircraft in service or so damages it as to render it incapable of flight or to endanger its safety in flight,

(c) places or causes to be placed on an aircraft in service any device or substance which is likely to destroy the aircraft or so damage it as to render it incapable of flight or to endanger its safety in flight,

(d) destroys, damages or interferes with the operation of any air navigation facility if such act is likely to endanger the safety of aircraft in flight,

(e) communicates any information which he knows to be false where the communication of the information endangers, or is likely to endanger, the safety of an aircraft in flight,

(f) (i) performs an act of violence against a person

(I) at an aerodrome in the State (other than an aerodrome under the control of the Minister for Defence), or

(II) at an aerodrome outside the State serving international civil aviation,

which causes or is likely to cause serious injury or death, or

(ii) destroys or seriously damages the facilities or disrupts the services of any aerodrome referred to in subparagraph (i) of this paragraph (other than an aerodrome under the control of the Minister for Defence) or destroys or seriously damages any aircraft not in service located on that aerodrome,

if such an act endangers or is likely to endanger safety at that aerodrome.”,

and

(b) the substitution of the following section for section 5:

“Application of the Extradition Act, 1965, to persons arrested under this Act.

5.—(1) Any person arrested under section 4 (1) of this Act shall—

(a) if the aircraft concerned is registered in a state to which Part II of the Act of 1965 applies, or if the aerodrome concerned is in a state to which that Part of that Act applies, and (in the case of a citizen of Ireland) the extradition of the person is not prohibited by section 14 of that Act, be deemed to have been arrested pursuant to a warrant issued under section 27 of that Act, and

(b) if the aircraft concerned is registered in a place to which Part III of that Act applies, or if the aerodrome concerned is in a place to which that Part of that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49 of that Act.

(2) Section 15 of the Act of 1965 shall not apply in relation to the extradition of a person to whom subsection (1) of this section applies.”.