It's sure to be one of the key issues Smith's successor will have to deal with when he is ushered in.
The player contract regulation brought into the Super League in June is a tinkered form. Under their new rules only NZ $404,000 of a nominated player's salary counted towards a club's total cap of almost NZ $4.6 million, no matter what his full salary is.
Under A-League policy each side is allowed two marquee players, whose pay is not included in the salary cap.
Despite speculation to the contrary, the NRL did not use Smith's highly- touted marquee player payment to bring Burgess back to the NRL.
The dual international rejoined South Sydney on Friday in a three-year deal.
But NRL head of football Todd Greenberg, who is a candidate to succeed Smith, said the marquee player payment could be used in the future.
"It is still there and it gives flexibility for the game if it would like to use it," Greenberg said.
"It may be used once in a generation but it is there.
"The flexibility was given for the game to spend those funds but it wasn't required in regard to Sam Burgess.
"The negotiations for Sam to come back were an issue for the club not for the game."
- AAP