For regulation 39(1) of the Principal Regulations substitute —
"(1) A rail operator must assess, or cause to be assessed, the competence of each rail safety worker who is employed or engaged by the rail operator, or a rail contractor who supplies rail infrastructure operations or rolling stock operations to that rail operator—
(a) by reference to—
(i) any applicable units of competence or qualification under the AQF; or
(ii) if paragraph (i) does not apply, any other competence specified by the Safety Director under subregulation (2) as applicable with respect to a rail safety worker; and
(b) by reference to the actual knowledge, experience and skills required for the particular rail safety work to be carried out safely.".