40Conduct by employees or agents of bodies corporate

#### 40 Conduct by employees or agents of bodies corporate (1) Where, in a proceeding under section 34 or 37 in respect of any conduct engaged in by a body corporate, being conduct in relation to which a civil penalty provision applies, it is necessary to establish the intention of the body corporate, it is sufficient to show that an employee or agent of the body corporate by whom the conduct was engaged in had that intention. (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate or by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate. (3) In this section, a reference to engaging in conduct is a reference to doing or refusing to do any act or thing.