Smith will be free to play for Queensland if he is hit with a grade one charge for lashing out with his boots at South Sydney's Issac Luke as he attempted to play the ball in Melbourne's 16-12 win against South Sydney on Saturday night. It is likely Smith will be given a dangerous conduct (kicking) or a contrary conduct (kicking) charge. Either grade one offences will not be enough to rule him out of Origin with an early guilty plea.

However, a grade two charge would mean he would be banned from game one. Smith is no stranger to missing big games through suspension. He was rubbed out of Melbourne's 2008 grand final because of a grapple tackle. However, following an outcry from players and officials the NRL's match review committee dumped the two-year period which added loading for prior and non-prior offences for grade one incidents to 12 months. Carry-over points were also reduced by five for each game played with the charges due on Monday.

These changes will enable Smith to play Origin should he be hit with the lowest grade of offence. Had the rules not changed Smith would have been next to no chance to play Origin having taken the early guilty plea to a grade one dangerous contact with forearm tackle on May 10 last year. Smith qualified for the one year cut off by just six days.

Former match review committee boss Greg McCallum said the carry over loading was altered because of the Smith incident. "It was decided that players felt they were being forced into taking early guilty pleas to play on incidents by their own definition weren't serious," McCallum said.  "They felt  carrying a careless range incident for two years was pretty harsh because if they picked up another careless or non-serious incident to them became a major issue.

"At that stage we felt that game had been cleaned up quite dramatically and players should be 'rewarded' for their part. It was instead of watering down charges – which we were opposed to."

A base penalty for dangerous conduct is 100 points and contrary conduct is 125, but a grade two would see Smith miss two games. McCallum said – although it was unlikely – Smith could still be hit with a serious charge despite claims from Melbourne coach Craig Bellamy that the incident was an "accident".

"One of the things that gets to me is when people say it's an accident or intentional." McCallum said. "I can't say it was an accident. He was lashing his legs out and it's his responsibility not to come into contact with another player. If he cut [Luke] open it would be higher than a grade one.

"The fact he did it twice and made contact twice, that is what will be debated by the [match review committee]. Maybe it is higher than a grade one?

"If he cut him up I would be absolutely convinced and I would be pushing for a higher than grade one charge."

Six players have been hit with contrary conduct (kicking) charges in the NRL since 2005 but none more significant than a grade one. Paul Gallen was found not guilty for a dangerous conduct (kicking) charge in 2011 while Canterbury's Josh Reynolds was suspended for one week for a grade one dangerous conduct (feet) charge from last year. Smith's Melbourne teammate Billy Slater was banned for seven games for a grade five kicking charge in 2006.

Luke was found not guilty for a dangerous conduct charge declaring he kicked out at then Canterbury hooker Michael Ennis because he was "panicking" about his neck being broken last year.

Cameron Smith's judiciary record: 

2003: Dangerous throw grade one. One game ban.

2008: Contrary conduct (head/neck) grade one. No games.

2008: Contrary conduct (head/neck) grade one. Two games.

2014: Dangerous conduct (forearm) grade one. No games.

Source: David Middleton, League Information Services