Clause 7

The General Division of the High Court may order the sale of any property that is the subject matter of a restraint order if —

every party that is known to have a prima facie interest in the property consents to the sale, and an authorised officer or the Public Prosecutor makes an application for the sale of the property; or

an authorised officer or the Public Prosecutor makes an application for the sale of the property, and —

the authorised officer or the Public Prosecutor proves, on a balance of probabilities, that either of the factors mentioned in subsection (2) applies; or

the General Division of the High Court is of the view that the sale would be in the interests of justice.(2) For the purpose of subsection (1)(b)(i), the factors are the following:

the value of the property is likely to be subject to depreciation until it is finally disposed of under this Act;

the property is of such a nature or in such condition that to retain custody of or maintain the property, until it is finally disposed of under this Act, would be —

dangerous;

unduly costly; or

not reasonably practicable.(3) The General Division of the High Court is not to order the sale of any property under subsection (1) unless —

notice of the proceedings concerning the sale is given to every party that is known to have a prima facie interest in the property; and

the General Division of the High Court is satisfied that the costs of the sale are, or are likely to be, reasonable in the circumstances.(4) The General Division of the High Court may make an order under subsection (1) in the absence of any party that is known to have a prima facie interest in the property if the General Division of the High Court is satisfied that the party has been given notice under subsection (3)(a).(5) The net proceeds of a sale under subsection (1) are to be taken to constitute the property which is the subject matter of the restraint order and that property may be dealt with in accordance with the provisions of this Act.(6) The reference in subsection (1) to any property that is the subject matter of a restraint order includes any property that is the subject matter of a restraint order made before the date of commencement of section 7 of the Anti‑Money Laundering and Other Matters Act 2024, if the restraint order has not been discharged in relation to that property immediately before that date.”.