Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   (1)   In this Act—

“attorney-at-law” has the meaning given to it under the Legal Professions Act;

“authorised officer” means—

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   (a)     the Commissioner of Police;

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   (b)     the Director of the Financial Intelligence Authority;

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   (c)     the Comptroller of Customs;

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   (d)     a person for the time being lawfully exercising the functions of a person stated in paragraphs (a) to (c);

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   (e)     a person authorised in writing to act on behalf of a person mentioned in paragraphs (a) to (c);

“Commissioner of Police” means the Commissioner of Police appointed under the Constitution;

“communication” includes—

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   (a)     except in the definition of “postal service”, anything transmitted by means of a postal service including a postal article;

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   (b)     anything comprising speech, music, sounds, visual images or data of any description; and

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   (c)     signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;

“communications data” means any—

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   (a)     traffic data comprised in or attached to a communication, whether by the sender or otherwise, for the purposes of any postal service or telecommunications network by means of which the communication is being or may be transmitted;

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   (b)     information, that does not include the contents of a communication, other than data falling within paragraph (a) which is about the use, made by any person—

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      (i)     of any postal service or telecommunications network, or

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      (ii)     of any part of a telecommunications network in connection with the provision to or use by any person of any telecommunications service; and

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   (c)     information not falling within paragraph (a) or paragraph (b) that is held or obtained, in relation to persons to whom he or she provides the service, by a person providing a postal or a telecommunications service;

“Director of the Financial Intelligence Authority” means the Director of the Financial Intelligence Authority appointed under the Money Laundering (Prevention) Act;

“Director of Public Prosecutions” means the Director of Public Prosecutions appointed under the Constitution;

“disclosure order” means an order made under section 21, requiring access to electronic data;

“electronic signature” means anything in electronic form which—

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   (a)     is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data;

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   (b)     is generated by the signatory or other source of the communication or data; and

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   (c)     is used for the purpose of facilitating, by means of a link between the signatory or other source and the communication or data, the establishment of the authenticity of the communication or data, and the establishment of its integrity or both;

“entry warrant” means a warrant issued pursuant to section 8 and section 10;

“Financial Intelligence Authority” means the Financial Intelligence Authority established under the Money Laundering (Prevention) Act;

“intercept” includes—

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   (a)     aural or other acquisition of the contents of a communication through the use of any means, including an interception device, so as to make some or all of the contents of a communication available to a person other than the sender or recipient or intended recipient of that communication;

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   (b)     monitoring a communication by means of a monitoring device;

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   (c)     viewing, examining, or inspecting the contents of a communication; and

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   (d)     diverting of any communication from its intended destination to any other destination;

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   and “interception” shall be construed accordingly;

“intercepted communication” means a communication which during the course of its transmission by means of a postal service or a telecommunication network is intercepted;

“interception device” means any electronic, mechanical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus to intercept any communication but does not mean any instrument, device, equipment or apparatus, or any component thereof—

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   (a)     furnished to a customer by a telecommunications provider in the ordinary course of business and being used by the customer in the ordinary course of his or her business;

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   (b)     furnished by a customer for connection to the facilities of a telecommunications service and being used by the customer in the ordinary course of business; or

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   (c)     being used by a telecommunications provider in the ordinary course of business;

“interception direction” means an interception direction issued under section 5 or 10;

“judge” means a judge of the High Court;

“key” in relation to electronic data, means a key, code, password, algorithm or other data the use of which, (with or without keys)—

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   (a)     allow access to the electronic data; or

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   (b)     facilitates the putting of the electronic data into an intelligible form;

“listed equipment” means—

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   (a)     any equipment declared to be listed equipment pursuant to section 26; or

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   (b)     a component of equipment referred to in paragraph (a);

“Minister” means the Minister responsible for national security;

“person” means a body corporate or an unincorporated body;

“Police Force” means the Royal Saint Lucia Police Force established under the Police Act;

“postal article” means—

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   (a)     any form of written communication, or any other document or article—

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      (i)     that is addressed to a specific person or a specific address, and

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      (ii)     that is to be conveyed other than by electronic means, and

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      (iii)     for which a charge, inclusive of tax, is made in respect of carrying, taking charge of, or sending it, or

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   (b)     an envelope, packet, package, or wrapper containing a communication, document or article;

“postal provider” means a person who provides a postal service;

“postal service” means a service which—

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   (a)     consists of the following, or in one or more of them, namely the collection, sorting, conveyance, distribution and delivery whether in Saint Lucia or elsewhere, of postal articles; and

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   (b)     is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, by means of transmission from place to place of postal articles containing communications;

“prescribed” means prescribed in regulations;

“private telecommunications network” means a telecommunications network that, without it being a public telecommunications network, is a telecommunications network in relation to which the following conditions are satisfied—

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   (a)     it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunications network; and

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   (b)     there is apparatus comprised in the telecommunications network which is both located in Saint Lucia and used, with or without other apparatus, for making the attachment to the public telecommunications network;

“protected information” means electronic data which, without a key, cannot or cannot readily be accessed or put in an intelligible form;

“public postal service” means any postal service which is offered or provided to the public or to a substantial section of the public in Saint Lucia;

“public telecommunications network” means—

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   (a)     a telecommunications network commonly known as a public switched telephone network;

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   (b)     a telecommunications network used by any person to provide telecommunications services to the public; or

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   (c)     a telecommunications network whereby the public can send or receive telecommunications service to or from—

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      (i)     anywhere in Saint Lucia, or

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      (ii)     anywhere outside Saint Lucia;

“regulations” means regulations made under section 36;

“telecommunications provider” means a person who operates a telecommunications network or who provides a telecommunications service;

“telecommunications network” means any wire, radio, optical or other electromagnetic system used to route switch or transmit telecommunications;

“telecommunications service” means a service that consists in the provision of access to and of facilities for making use of, any telecommunications network, whether or not it is one provided by the person providing the service;

“terrorist act” has the meaning given to it under the Anti-Terrorism Act, No.36 of 2003;

“Tribunal” means the Tribunal established under section 30.

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   (2)   For the purposes of this Act “the interests of national security” shall be construed as including, but not limited to, the protection of Saint Lucia from threats of sabotage, espionage, terrorist acts, terrorism or subversion.

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   (3)   For the purpose of this Act “detecting an offence” shall be taken to include—

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      (a)     establishing by whom, for what purpose, by what means and generally in what circumstances any offence may be committed; and

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      (b)     the apprehension of the person by whom an offence was committed,

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   except that, in relation to the issue, extension or modification of an interception direction or an entry warrant, it shall not include a reference to gathering evidence for use in any legal proceeding.