The excluded provisions do not apply in relation to an acquisition of an interest in securities if:
(a) the securities are Additional Tier 1 Capital or Tier 2 Capital instruments (within the meaning of the P rudential Standard APS 111--Capital Adequacy: Measurement of Capital , as in force at the time this section commences); and
(b) the securities have not been converted into ordinary shares.
Note: The Prudential Standard APS 111--Capital Adequacy: Measurement of Capital is made under subsection 11AF(1) of the Banking Act 1959 .