(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.
(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.
(3) A person guilty of -
(a) an offence under section 33, 34, 35 or 36, or
(b) an offence under subsection (2) (other than such an offence consisting of a contravention of regulations under section 43(4) or 56),
shall be liable -
(i) on summary conviction, to a fine not exceeding 
5,000 or to imprisonment for a term not exceeding 6 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding 500,000 or to imprisonment for a term not exceeding 3 years or to