46K. (1) In the case of an Artificial Intelligence Regulation infringement falling within Article 99(3) of the Artificial Intelligence Regulation, the amount of an administrative fine imposed under section 46G shall not exceed the amount specified in that Article.

(2) In the case of an Artificial Intelligence Regulation infringement falling within Article 99(4) of the Artificial Intelligence Regulation, the amount of an administrative fine imposed under section 46G shall not exceed the amount specified in that Article.

(3) In the case of an Artificial Intelligence Regulation infringement by an undertaking referred to in Article 99(6) of the Artificial Intelligence Regulation, the amount of the administrative fine imposed shall not exceed the amount referred to in that Article.

(4) Notwithstanding subsections (1) and (2), in the case of an Artificial Intelligence Regulation infringement by a public body (within the meaning of section 10 of the Data Sharing and Governance Act 2019), the amount of the fine shall not exceed €1,000,000.

(5) The Commission shall have regard to the matters in Article 99(7) of the Artificial Intelligence Regulation when determining the amount of the administrative fine imposed under section 46G.

(6) The amount of an administrative fine imposed under section 46G shall—

(a) be proportionate to the nature of the Artificial Intelligence Regulation infringement, effective and dissuasive, and

(b) where relevant, take into account any guidelines issued pursuant to Article 96 of the Artificial Intelligence Regulation.]