46G. (1) The Commission shall decide, in respect of a person who is the subject of a report under section 46D—

(a) whether or not it is satisfied on the balance of probabilities that the person has committed the relevant infringement to which the relevant investigation relates, and

(b) if so, whether or not to impose an administrative fine.

(2) A decision under subsection (1) that the relevant infringement has been committed, or that an administrative fine shall be imposed, does not take effect unless it is confirmed on appeal under section 46L or on summary application under section 46M.

(3) For the purposes of making a decision under subsection (1), the Commission shall consider—

(a) the final report provided under subsection (7) of section 46D and any submissions or views provided with the report in accordance with that subsection,

(b) any evidence adduced or submissions made during an oral hearing conducted under section 46F,

(c) any information provided as a result of a request under section 46F(4), and

(d) any submissions made pursuant to a notice under subsection (1) or (6) of section 46F.

(4) In deciding under subsection (1)(b) whether or not to impose an administrative fine, the Commission shall have regard to the matters referred to in section 46K.]