A player contracted in France could come back and play the last four or five Super Rugby games 'on loan' if a side had a spot available (and many do by that stage of the season due to a player suffering a season ending injury that isn't replaced). They could then play for the Wallabies in the Rugby Championship in the same way that George Smith might play for the Wallabies against the Lions.
I personally don't think this should be allowed to happen which is why I don't think Smith should be selected.
The ARU still needs to change their policy on Wallaby eligible players before Deans can select George Smith. Currently he is not available for selection.
My support of Smith being considered is only on the basis that he is
currently playing super rugby for an Australian team. Burgess isn't.
As far as I am aware the ARU earns most of its money from TV rights for super rugby and tests. In my opinion this means that the integrity of the super rugby teams is paramount. I don't believe that necessity, or prior long service should come into it or the cut off date of contracts.
I believe that the policy should be much clearer than it is. You can't play test rugby for Australia unless you are playing rugby for an Australian super rugby team in that season. If a foreign contract before or after prevents you doing so, then you shouldn't be considered because you wouldn't be playing super rugby.
I don't begrudge Luke Burgess, Matt Giteau, George Smith or anyone else the right to earn money playing rugby anywhere in the world. For example, I don't believe that Luke Burgess should be considered for tests in 2013 until every other contracted half who is
currently playing super rugby for an Australian team is injured. Then he could be picked from the club competition on the same basis as all other club players.
France is a much more popular destination for Australian players than Japan. What would stop Genia for example signing to play in France for 2 years and then coming back on the 1st of June and going straight into the Wallabies if the Burgess precendent is set?
You keeps saying that Smith is not contracted to the ARU so he is ineligible, but surely to play for the Brumbies he must have filled in an ARU registration form? Isn't this a legal requirement prior to playing rugby in Australia at any level? And having filled in such a form, would he not be just as eligible as a player who is currently playing Shute Shield who is not contracted to the ARU, but has filled in an ARU registration form?