(1) There shall be established, for the purpose of exercising jurisdiction conferred upon it by this section, a Tribunal consisting of a judge who shall be appointed by the Chief Justice acting on his or her own deliberate judgement.
(2) The jurisdiction of the Tribunal shall—
(a) be the only forum for the purposes of any proceedings under any law of Saint Lucia which shall fall within subsection (3);
(b) to consider and determine any complaints made to the Tribunal which, in accordance with subsection (4), are complaints for which the Tribunal is the appropriate forum; and
(c) to consider and determine any reference to the Tribunal by any person that he or she has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 21, on his or her relying in, or for the purposes of, any civil proceedings on any matter.
(3) The following proceedings shall be subject to this section—
(a) proceedings brought by virtue of section 22(9); or
(b) proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).
(4) The Tribunal shall be the appropriate forum for any complaint if it is a complaint by a person who is aggrieved by any conduct falling within subsection (5), which he or she believes—
(a) to have taken place in relation to him or her, to any communications sent by him or her, or intended for him or her, or to his or her use of any postal service, telecommunications service or telecommunications network; and
(b) to have taken place in challengeable circumstances.
(5) The following conduct shall be subject to this section—
(a) conduct for or in connection with the interception of communications in the course of its transmission by means of a postal service or a telecommunications service; or
(b) any disclosure or use of a key to protected information.
(6) For the purposes of this section conduct takes place in challengeable circumstances if—
(a) it is conduct by or on behalf of a person holding any office, rank or position in the Police Force or the Financial Intelligence Authority, or any other position within the Government service, and
(b) the conduct took place without the authority of an interception direction or an entry warrant, or otherwise without authority under this Act.
(7) Without prejudice to subsection (6), conduct does not take place in challengeable circumstances to the extent that it is authorised by, or takes place with the permission of, a judicial authority.
(8) For the purposes of subsection (7) “judicial authority” means a judge or a magistrate.