Commentary Definitions Subsection (2)
42.Subsection (2)provides that any statement or conduct in question is regarded as having the endorsement of a person if he has been given a notice under subsection (3), two working days or more have elapsed since the notice was given, and the relevant person has failed without a reasonable excuse to comply with the notice. The final part of this test specifically provides that if a person has a good reason for not complying with the notice he will not be caught by section 3.