90Duration and variation of code of practice

1. The code of practice—

2. comes into force,—
   1. in the case of the first code of practice, 1 year after it is approved under section 89(1) or (4):
   2. in the case of any subsequent code of practice approved under section 89(1), in accordance with the Legislation Act 2019; and
3. continues in force until a subsequent code of practice approved under section 89(1) comes into force.

4. An operator of a retirement village may elect to be bound by a code of practice that is not yet in force, by giving notice of that election to—

5. the Registrar; and
6. the statutory supervisor of the village (if there is one); and
7. every resident and intending resident of the retirement village.

8. If an operator elects, under subsection (2), to be bound by a code of practice that is not yet in force,—

9. that code must for all purposes be treated as if it were in force in respect of that operator and the retirement village to which the election relates; and
10. any earlier code of practice ceases to apply to that operator and the retirement village to which the election relates.

11. The code of practice approved under section 89(1) or (4) may be varied by the Minister after considering any recommendations of—

12. the Retirement Commissioner; and
13. any groups of persons or bodies that, in the opinion of the Minister, represent the interests of operators of retirement villages, residents or intending residents, statutory supervisors, or other persons.

14. An instrument that varies a code of practice is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).