Panel Discussion on International Regulation John Holloway, Executive Director, Direct Selling Association of Australia Mark-e-Dir: Bringing Market to Consumers Wednesday, 17th April, 2013 New Delhi Direct Selling – An Australian Perspective Direct Selling is an economically and socially accepted channel for retailing consumer products Business models are changing and little understood or conveniently stereotyped by key stakeholders Australia’s regulation of direct selling has pronounced strengths and weaknesses. Direct Selling is a socially and economically accepted channel for retailing consumer products • 400,000 Australians engaged in distributing member products • Technology and consumer behaviour enhance direct selling’s relationship and experiential selling strengths • Social connect is a key driver for distributor engagement • True size of Australia’s direct selling market is not known • DSAA members report $1.4 billion in annual sales • Australian market relatively world competitive Sales 2011 USD Billion Source: WFDSA 5 10 15 20 25 30 Distributors 2011 Source: WFDSA 5 Million 10 Million 15 Million Participation Rates 2011 Source: WFDSA, DSAA Per Capita Sales 2011 Source: WFDSA, DSAA Direct Selling is a socially and economically accepted channel for retailing consumer products • 400,000 Australians engaged in distributing member products • Technology and consumer behaviour enhance direct selling’s relationship and experiential selling strengths • Social connect is a key driver for distributor engagement • True size of Australia’s direct selling market is not known • DSAA members report $1.4 billion in annual sales • Australian market relatively world competitive • Relatively low cost structure makes direct selling an attractive retail option • Small business kindergarten Business models are changing and little understood or conveniently stereotyped by some stakeholders • Direct selling is increasingly multi channel “Direct Selling” – selling a consumer product or service, person-toperson, away from a fixed retail location, usually in a home or workplace Agency Model Wholesale Model DSO Direct Seller Independent Contractor CONSUMER Consumer Group Purchaser Seller Seller/Business Builder Business Builder Direct Selling Organisation Direct Seller Door-to-Door CONSUMER Direct Selling Organisation Direct Seller Distance Selling Door-to-Door Store Selling CONSUMER Business models are changing and little understood or conveniently stereotyped by some stakeholders • Direct selling is increasingly multi channel • Growing awareness by policy makers • Some interests argue the best way to overcome relatively small consumer detriment is to restrict retailing to store selling Australia’s regulation of direct selling has pronounced strengths and weaknesses • Prior to the Australian Consumer Law (ACL) direct selling was regulated by a patchwork of Federal, State and Territory law. • DSAA membership assures distributors and consumers of ethical trading behaviour Sets out transactional requirements for members and distributors, product guarantees and representations Regulates certain behaviour between members and between members and their distributors, including • Entry Costs • Inventory Management • Buy-back • Marketing Plans Australia’s regulation of direct selling has pronounced strengths and weaknesses • Prior to the Australian Consumer Law (ACL) direct selling was regulated by a patchwork of Federal, State and Territory law. • DSAA membership assures distributors and consumers of ethical trading behaviour • ACL, singular consumer protection and fair trading law for all Australia, commenced January 2011 . Co-operative venture between nine governments recognising the social and economic benefits of the reform. Policy and administration underpinned by an inter-governmental agreement. Details at www.consumer law.gov.au • ACL’s regulation of unsolicited (direct) selling is problematic. DSAA achieved concessions, but a fresh regulatory approach is needed to capture the consumer protection and business certainty challenges in the non-store retail environment. Thank You For Your Time